PRC Legal Provisions

Regulations on HIV/AIDS Prevention and Treatment

Circular of Provisions on Self-Funded Pilgrimages (Chinese Text)

The following text was retrieved from the State Administration for Religious Affairs <a href="https://www.sara.gov.cn/GB//xwzx/ztbd/ysljcj/5568fee6-5708-11da-9bfd-93180af1bb1a.html">Web site</a> on January 27, 2006

Decision Regarding the Handling of the China Youth Daily Freezing Point Weekly Mistake in Publishing "Modernism and History Text Books" (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the Decision Regarding the Handling of the China Youth Daily Freezing Point Weekly Mistake in Publishing "Modernism and History Text Books" issued by the Communist Party Youth League Publishing House Communist Party Committee on January 24, 2006. The Chinese text was retrieved from the Voice of America Web site on March 27, 2006. <HR> On January 11, 2006, the China Youth Daily's "Freezing Point" published an essay by Zhong University history professor Yuan Weishi entitled "Modernism and History Text Books," which spared no effort to reverse the verdict on the crime of the great imperialist powers' invasion of China, severely contradicted historical facts, severely violated news propaganda discipline, severely harmed the nation sentiments of the Chinese people, severely harmed the image of the China Youth Daily, and had a detrimental social influence. The relevant department of the Central Committee raised severe criticisms. In light of the severe error the China Youth Daily committed in publishing "Modernism and History Text Books," it has been decided as follows: 1. A report shall be submitted criticizing Li Erliang, deputy secretary of the China Youth Daily Publishing Housing Party Committee and editor-in-Chief, and Li Datong, chief editor of the China Youth Daily Freezing Point weekly; and 2. The China Youth Daily is ordered to suspend publication and undertake rectification of the Freezing Point weekly, and impose economic sanctions on those parties responsible, with the suspension and rectification period commencing from January 25, 2006. It is hoped that the China Youth Daily Publishing House will draw a deep lesson from this affair, carry out the suspension and rectification of the Freezing Point weekly in an earnest manner, improve the guiding ideology of the publication of the Freezing Point weekly, strengthen their political consciousness, awareness of the larger issues, and sense of responsibility, and resume publication of the Freezing Point weekly on the basis of having done the work of suspension and rectification well and endeavoring to correct their mistakes. Communist Youth League Central Propaganda Department. January 24, 2006.

Urgent Notice on Earnestly Conducting Housing Demolition and Relocation Work in Cities and Towns and Safeguarding Social Stability (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Urgent Notice on Earnestly Conducting Housing Demolition and Relocation Work in Cities and Towns and Safeguarding Social Stability" issued by the PRC State Council General Office on September 19, 2003. The Chinese text follows. Urgent Notice on Earnestly Conducting Housing Demolition and Relocation Work in Cities and Towns and Safeguarding Social Stability No. 42 (2003) To people’s governments in each province, autonomous region, and centrally administered city and all ministries, commissions, and organs under the State Council: Over the past several years, along with the rapid development of construction in cities and towns in all locales, the amount of housing demolition and relocation (Note 1) work has continuously grown and [the number of] contradictions encountered in the course of housing demolition have continuously been on the rise. By conducting a great deal of work carefully and meticulously, promoting the implementation of demolition in accordance with legal procedures, and strongly promoting the improvement of the appearance of cities and towns, the relevant departments in each locale have created important conditions for economic and social development. However, since the beginning of this year, inappropriate work methods and the failure of some work units to deliver demolition compensation or to implement demolition resettlement have resulted in an increasing number of disputes and collective petitions sparked by housing demolitions in cities and towns and even triggered some terrible incidents, influencing social stability and the normal order of production and life. Leading cadres of the State Council attach great importance to this and have issued important memorandums to subordinates on many occasions, demanding that the relevant locales and departments raise their consciousness, show concern for the interests of the masses, persist in administration according to the law, earnestly conduct housing demolition work in cities in towns, and safeguard social stability. In order to progressively improve demolition work in cities and towns, and with the consent of the State Council, urgent notice is given on the following relevant matters: 1. Fully recognize the importance of strengthening housing demolition management work in cities and towns. Strengthening housing demolition management in cities in towns is an important basis for accelerating the process of urbanization, promoting national economic and social development, and raising the living standards of the masses, and it reflects the fundamental and long-term interests of the masses. In the course of housing demolition for construction in cities and towns, strong adherence to policy has a major effect. Doing this work well affects not only economic and social development, but also general social stability. Governments and departments at each level must correctly handle the relationship between urban construction development and the protection of the basic interests of the masses, overcome acts of emphasizing the speed of construction while de-emphasizing demolition management, make conducting demolition management work an important part of their agendas, and, by strengthening management and administering in accordance with the law, achieve effective protection of the legal rights and interests of the masses and the orderly implementation of demolition work. Both guarantee the needs of development and be capable of preventing the occurrence of mass incidents and safeguarding social stability. 2. Strengthen housing demolition management, protect the legal rights and interests of the masses in practice. Each locale must strengthen the management of demolition and demolition appraisal work units, set demolition compensation strictly in accordance with market prices for real estate, and implement relevant systems of supervision and management. They must be strict in examination and approval and must not issue demolition permits to demolition projects without demolition plans or resettlement programs or that violate the city plan. Resolutely refuse to approve the implementation of demolition where compensation funds and resettlement plans have not been put into place and ensure the legal rights and interests of those subject to demolition. In the course of housing demolition work in cities and towns, pay special attention to handling demolition resettlement work for households facing “dual difficulties.” Link directed rectification and governance in the real estate market and severely punish work units that demolish in violation of laws and regulations, lower compensation or resettlement standards without authorization, or fail to address the reasonable demands of persons subject to demolition in a timely manner by increasing penalties, refusing to approve new demolition projects, suspending business for rectification, revoking demolition qualification credentials in accordance with the law, and adopting other measures. Management departments that do not administer in accordance with the law or that do not earnestly resolve demolition appeals must be criticized and educated and required to rectify and reform. If the circumstances are serious, they must be called to account. The “State Council Notice on Promoting the Continued Healthy Development of the Real Estate Market” (No. 18, 2003) must be earnestly implemented. By increasing the supply of low-cost, ordinary housing, strengthening construction and management of economically suitable housing, strengthening the system of low-cost rental housing, and by [adopting] other measures, perfect the housing supply system and ensure that qualified residents who are relocated are able to find housing of different grades and types. 3. Uphold the principle of administration in accordance with the law and improve work methods. Each locale must earnestly implement the “PRC Urban Planning Law” and “Urban Housing Demolition Management Regulations” and tighten up the standardization of demolition behavior in accordance with the law. With respect to construction projects examined and approved in accordance with plans and legal procedures, if persons subject to demolition have different opinions, persuasion work must be earnestly and patiently carried out. Where demolition compensation agreements cannot be reached, forced demolition may not be implemented until after adjudication has been conducted in accordance with the law. If agreement cannot be reached and a major demolition project is involved, the adoption of forced demolition measures must be strictly controlled and the aggravation of contradictions prevented. Where forced implementation is truly necessary, legal procedures must be strictly enforced and good preparations made. Where trouble is willfully stirred up in the course of legal demolition work, thought work must be painstakingly conducted and great efforts made to settle contradictions. The small minority who use demolition as an opportunity for unreasonable obstruction and even gather together to create disturbances, having a serious impact on social order, shall be dealt with in a timely manner in accordance with the law. Each locale must give full play to the regulation, control, and guidance functions of city plans and examine and approve construction engineering projects strictly in accordance with the approved city plan. With respect to those [projects] that involve demolition, prior to the examination and approval of plans, the appropriate forms of notice should be given, and the opinions of persons subject to demolition and others whose interests are affected should be heard. After construction engineering plans have been approved, construction units must not modify them without authorization. When modifications are needed, they must be examined and approved by planning departments. Before city planning administration departments approve the modifications, they must be publicized again. 4. Perfect corresponding policy measures, resolve remaining problems appropriately. Each locale must, in line with the principle of seeking truth from facts, adopt positive and effective measures and resolve in practice long-time, lingering problems [that arise in] the course of urban housing demolition. With respect to compensation for property of a residential nature that is within the scope of demolition, but that is already being used for business purposes pursuant to a legally obtained business license, each locale may give appropriate compensation according to the business situation, term of operation, tax, and other practical circumstances. With respect to housing within the scope of demolition that is incomplete for historical reasons related to formal procedures, remedial procedures should be adopted in accordance with the relevant laws and regulations in effect. With respect to policies that are unclear but that make reasonable demands, corresponding policies must be quickly formulated and problems solved within a set period. With respect to problems that are difficult to solve, painstakingly carry out interpretation work, actively create conditions, and strive for an early resolution. Where real estate development enterprises are not able to complete construction projects, leading to problems such as failing to provide demolition compensation funds or failing to make resettlement housing available, local governments must adopt effective measures, supervise and urge the development enterprise to speed up implementation, or first resolve the problem of demolition compensation and resettlement and then, in accordance with laws and regulations and the agreed upon demolition contract, call the development enterprise to account. 5. Strengthen organization and guidance and supervision and inspection work. Governments at each level must strengthen organization and guidance in practice and earnestly conduct housing demolition management work in cities and towns. In the near future, local governments in each locale must, in accordance with the spirit of this notice, engage in special study of problems in prior demolition work. In particular, areas dealing with the problem of a relatively large number of petitions must formulate corresponding measures and safeguard social stability in practice. Where [demolition] work has resulted in large numbers of collective petitions, the relevant leaders and individuals must be called to account. Television, broadcasting, publication, Internet, and other media must start from the general situation of safeguarding social stability, persist in correct guidance of public opinion, correctly publicize our country’s achievements in urban construction and the situation of housing demolition in cities and towns to the broad masses, and, with respect to some mistakes and problems that occur in the course of demolition work, avoid exaggeration and speculation that intensifies contradictions. Relevant organs of the State Council must, according to the division of duties, give proper guidance and supervision to housing demolition management work in cities and towns in each locale. The Ministry of Construction must, jointly with other relevant departments, dispatch supervision and inspection organizations and carry out supervision, inspection, and pressure for rectification and reform in areas where demolition problems are prominent and have influenced social stability. State Council General Office September 19, 2003 Translation Note 1: Demolition and relocation is hereinafter referred to simply as "demolition."

Urban Housing Demolition and Relocation Administrative Adjudication Work Rules (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Urban Housing Demolition and Relocation Administrative Adjudication Work Rules" issued by the PRC Ministry of Construction on December 23, 2003. The Chinese text follows.<HR> Urban Housing Demolition and Relocation Administrative Adjudication Work Rules December 23, 2003 Article 1 These work rules are formulated in accordance with the “Urban Housing Demolition and Relocation Regulations” in order to standardize administrative adjudication in urban housing demolition and relocation and safeguard the legal rights and interests of demolition and relocation parties. Article 2 These rules shall be used according to the provisions of the “Urban Housing Demolition and Relocation Management Regulations” when parties apply for adjudication because the entity conducting demolition and relocation (hereinafter “the demolition entity”) and the person subject to demolition and relocation (hereinafter the “demolition subject”) cannot reach agreement on the time limit for relocation, the form of compensation, the standards for compensation, the form or time limit for transition stages, etc. Article 3 Urban housing demolition and relocation management departments of city and county people’s governments are responsible for urban housing and demolition administrative adjudication work within their administrative districts. Housing demolition and relocation management departments and their staff members shall lawfully carry out administrative adjudication duties in accordance with the provisions of relevant laws and regulations. Article 4 Administrative adjudication should take facts as the basis and law as the yardstick and uphold the principles of fairness, justice, and timeliness. Article 5 Demolition entities applying for administrative adjudication shall provide the following materials: (1) adjudication application form; (2) proof of identity of legal representatives; (3) evidentiary materials showing ownership of the housing to be demolished and relocated; (4) appraisal report for the housing to be demolished and relocated; (5) compensation and resettlement plan for the respondent; (6) record of consultation between the applicant and respondent; (7) proportion of demolition subjects that have not reached agreement and their reasons; (8) other materials related to the adjudication. Article 6 Demolition subjects who apply for administrative adjudication shall provide the following materials: (1) adjudication application form; (2) proof of identity of applicant; (3) evidentiary materials showing ownership of the housing to be demolished and relocated; (4) reasons for applying for administrative adjudication and corresponding evidentiary materials; (5) other materials that are related to the adjudication of the housing demolition and relocation and that the housing demolition and relocation management department thinks should be provided. Article 7 Where the number or proportion of households that have not agreed to the compensation and resettlement plan is relatively large, the housing demolition and relocation management department shall hold a hearing before it accepts the application for adjudication. The specific standards and procedures [for the hearing] shall be provided by the housing demolition and relocation management department of the people’s government of provinces, autonomous regions, and centrally administered municipalities. Article 8 Demolition and relocation management departments may not accept administrative adjudication applications in any of the following circumstances: (1) there is a request for administrative adjudication on the legality of the demolition and relocation permit; (2) the applicant or respondent is not a party to the demolition and relocation; (3) a contract dispute occurs after demolition and relocation parties reach agreement on compensation or resettlement, or, after an administrative adjudication decision has been handed down, the parties apply for administrative adjudication again on the same matter; (4) the housing has already been destroyed; (5) other circumstances in which the housing demolition and relocation management department believes it cannot accept the application in accordance with the law. With regard to applications that are not accepted, the housing demolition and relocation management department should notify the applicant in writing within five working days of receiving the application. Article 9 After the housing demolition and relocation management department receives an application for housing demolition and relocation adjudication and if, having been examined, the materials are complete and conform to the requirements for acceptance, the housing demolition and relocation management department shall issue an acceptance notification to the parties within five working days of receiving the application. If the adjudication application materials are incomplete and need to be supplemented, the applicant shall be notified in writing one time within five working days and shall supplement and amend the materials where possible. The acceptance period is calculated from the time that the applicant supplements and amends the materials. Article 10 After the housing demolition and relocation management department accepts an application for housing demolition and relocation adjudication, it shall move forward according to the following procedures: (1) send copies of the application form for housing demolition and relocation adjudication and notification of the answer to the respondent and inform the respondent of its rights; (2) examine and verify the legality of the relevant materials and procedure; (3) organize mediation between the parties. The demolition and relocation management department must give a full hearing to the opinion of the parties; review and verify the facts, reasons, and evidence submitted by the parties; and accept reasonable requests by the parties. The housing demolition and relocation management department may not issue an adjudication ruling that harms the interest of self-represented parties because they are representing themselves. If demolition and relocation parties refuse mediation, the demolition and relocation office may issue a ruling in accordance with the law. (4) verify compensation and resettlement standards. If the parties have a dispute about appraisal results, or if there has been no appraisal by a real estate expert appraisal committee for that housing location, the housing demolition and relocation management department shall entrust an expert appraisal committee to conduct an appraisal and shall issue an adjudication ruling on the basis of the results of the appraisal after it is completed. The time for the appraisal shall not be included in calculating the time for the adjudication ruling. (5) After mediation, if common ground has been reached, an adjudication finalization document shall be issued. If common ground has not been reached, the housing demolition and relocation management department shall issue a written adjudication ruling. If common ground has been reached on part of the matter, it shall be confirmed at the time of the adjudication ruling. Written adjudication rulings must be collectively discussed by the leadership of the housing demolition and relocation management department. Article 11 Administrative adjudication staff shall recuse themselves when beneficial relations or other relations with parties could influence the impartiality of the adjudication ruling. Article 12 In the following circumstances, adjudication shall be suspended and written notice sent to the parties: (1) new facts are discovered that need to be investigated and verified; (2) a corresponding adjudication or court judgment will be the basis for adjudication, and the related case has not been completed; (3) an applicant who is a natural person dies, and [the adjudication department] must wait for close relatives to indicate whether or not they will participate in the adjudication; (4) force majure or other special circumstances force a suspension. Once the factor causing suspension of the adjudication has been eliminated, the adjudication shall resume. The time of suspension shall not be included in calculating the time for adjudication. Article 13 In the following circumstances, the adjudication shall be terminated and written notice sent to the parties: (1) after acceptance of the adjudication application, the parties reach agreement; (2) it is discovered that the applicant or respondent is not a party to the adjudication; (3) an applicant who is a natural person dies and the close relatives of the applicant or their representatives fail to indicate whether or not they will participate in the adjudication within fifteen days; (4) the applicant withdraws the adjudication application. Article 14 Administrative adjudication rulings shall be issued within thirty days of acceptance of the application. Housing demolition and relocation management departments that issue adjudication rulings shall provide a written adjudication ruling. The written adjudication ruling shall include the following: (1) the basic circumstances of the applicant and the respondent; (2) the basic facts and reasons for the dispute; (3) the basis and reasons for the decision; (4) the compensation form, compensation amount, size and location of resettlement housing, time limits for relocation, the form and time limits for transition relocation, etc., according to the [issues raised in] the administrative adjudication application; (5) notification to the parties of their right to administrative reconsideration and administrative litigation and the deadlines for reconsideration and litigation; (6) the name of the housing demolition and relocation management department, the date of the adjudication ruling, and its official seal. Article 15 The adjudication ruling shall be delivered directly, by entrustment, by mail, by leaving it at a place of abode, etc. Article 16 If a party is not satisfied with the administrative adjudication ruling, the party may apply for administrative reconsideration or file suit in a people’s court according to the law. Art 17 If the demolition subject or the housing tenant does not relocate within the relocation time period stipulated in the adjudication ruling, the city or country people’s government shall charge the relevant department with carrying out administrative forced demolition and relocation, or the housing demolition and relocation management department shall apply to a people’s court for forced demolition and relocation in accordance with the law. Article 18 Before housing demolition and relocation management departments apply for administrative forced demolition and relocation, they shall invite the relevant management departments, demolition and relocation party representatives, and representatives of the social and public trust to hold a hearing on the basis, procedure, compensation and resettlement compensation standards, etc. for the administrative forced demolition and relocation. Where housing demolition and relocation management departments apply for administrative forced demolition and relocation, the leadership must collectively discuss the decision before applying to the government for administrative forced demolition and relocation. If there has been no adjudication decision, administrative forced demolition and relocation must not be implemented. Article 19 Where a demolition entity has not provided the demolition subject with demolition and relocation compensation or resettlement housing that complies with state quality and safety standards in accordance with the adjudication opinion or has not turned over the resettlement housing, the demolition entity may not implement forced demolition and relocation. Article 20 Where housing demolition and relocation management departments apply for administrative forced demolition and relocation, they shall provide the following materials: (1) administrative forced demolition and relocation application form; (2) adjudication and meditation records and the adjudication decision; (3) the reason that the demolition subject did not agree to the demolition and relocation; (4) a notarized evidence preservation certificate for the demolition subject’s housing; (5) proof of the resettlement housing and transition housing use rights or proof of compensation funds provided for the demolition subject; (6) if the demolition subject refuses to the accept the compensation, evidence that the compensation amount has been withdrawn; (7) other materials provided by the housing demolition and relocation management departments of city and county people’s governments. Article 21 Administrative forced demolition and relocation shall be carried out in accordance with the forced housing demolition and relocation decision. Housing demolition and relocation management departments shall give 15 days notice to demolition subjects and earnestly carry out propaganda and explanation work to mobilize demolition subjects to relocate on their own. Article 22 Administrative forced demolition and relocation shall be carried out strictly in accordance with the law. At the time of the forced demolition and relocation, a neighborhood committee and representative of the work unit of the demolition subject shall be assembled at the site as witnesses to the forced demolition and relocation, and a notarization organ shall preserve evidence of the housing and objects within the housing to be demolished. Article 23 Where housing demolition and relocation management department staff members or individuals carrying out administrative forced demolition and relocation violate these rules, the work unit in that place shall issue a warning. Responsibility for misjudged cases shall be pursued in accordance with the relevant regulations. Where the criminal law has been violated, criminal responsibility shall be pursued in accordance with the law. Article 24 Where demolition entities or work units commissioned to carry out demolition and relocation employ tactics such as intimidation, coercion, or cutting off water, electricity, gas, or heat, etc. when implementing demolition and relocation, or force demolition subjects to move or organize forced demolitions and relocations without authorization, the housing demolition and relocation management department in that city or county shall stop the demolition and relocation and shall punish them in accordance with the law. Where the criminal law has been violated, criminal liability shall be pursued in accordance with the law. Article 25 Where the demolition and relocation management department is the demolition subject, the people’s government at the same level shall adjudicate. Article 26 Where housing demolition and relocation is carried out and administrative adjudication applied for on state land outside of the city planning area, these rules may be consulted in carrying out [adjudication]. Article 27 These rules shall be effective as of March 1, 2004.

Notice on Controlling the Scope of Housing Demolition and Relocation in Cities and Towns and Tightening Up Demolition and Relocation Management (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Notice on Controlling the Scope of Housing Demolition and Relocation in Cities and Towns and Tightening Up Demolition and Relocation Management" issued by the PRC State Council General Office on June 6, 2004. The Chinese text follows.<HR> Notice on Controlling the Scope of Housing Demolition and Relocation in Cities and Towns and Tightening Up Demolition and Relocation Management No. 46 (2004) To people’s governments in each province, autonomous region, and centrally administered city and all ministries, commissions, and organs under the State Council: Strengthening housing demolition and relocation (Note 1) management work in cities and towns has an impact on the effective implementation of the central government’s macroeconomic policies, the direct personal interests of residents in cities and towns, and social stability. Presently, China’s urban construction industry has developed rapidly, but in the area of housing demolition in cities and towns, there are a number of outstanding problems: some local governments have not taken a correct view of official achievement and have blindly enlarged the scope of demolition; some cities have failed to implement adequate measures for housing demolition compensation and resettlement and artificially reduced standards for compensation and resettlement; some have even abused official power and illegally engaged in forced demolitions. These phenomena not only seriously violate the legal rights of residents in cities and towns and trigger large numbers of petitions by the masses, influencing social stability, but they also cause over-investment in certain geographic areas and industries. In order to implement the policy decisions of Party Central and the State Council on strengthening and perfecting macroeconomic regulation and to promote social stability and the healthy development of construction in cities and towns, with the consent of the State Council, notice on relevant issues in progressively strengthening housing demolition work is given as follows: 1. Rectify the guiding philosophy of housing demolition in cities and towns and uphold the legal rights and interests of the masses. Comprehensively implement the important thinking of the “Three Represents” and apply a scientific notion of “development” and a proper view of official achievement to guide the work of urban construction and housing demolition. Strictly in accordance with overall city plans and construction plans, curb and correct “major demolition, major construction” acts of blindly following others to achieve quick success and instant benefits that exist in construction and housing demolition in cities and towns. Earnestly implement the Center’s policy measures on macroeconomic regulation and, according to economic development levels, ability to bear social burdens, and resident income levels, reasonably set the scope of demolition and construction; progressively improve laws and regulations and standardize demolition behavior; implement management responsibility, strengthen supervision and inspection, manage strictly in accordance with the law and expand the investigation and prosecution of cases involving violations of the law and regulations; resolutely correct all types of behavior involving infringements on the interests of the masses that take place in the course of housing demolition in cities and towns; and safeguard the legal rights and interest of residents and peasants in cities and towns and preserve social stability by correctly guiding the masses to support legal demolition work. 2. Strictly formulate demolition plans and reasonably control the scope of demolition. The program and plan for housing demolition in cities and towns must conform to overall city plans, controlling detailed plans and construction plans, and preservation plans for famous historical and cultural cities and districts. City and county people’s governments should take the actual economic and social development level of their locales as a starting point and put together mid and long-term housing demolition programs and annual plans. After provincial-level construction management departments, jointly with development reform and planning departments, have issued approvals, city and county governments should report them to the local people’s congress standing committee and the next-level people’s government for filing. Each locale must strictly control the scope of land requisition, protect the interests of peasants and residents in cities in towns in practice, and earnestly correct infringements on the interests of residents [that occur in] the course of housing demolition in cities and towns and infringements of peasant interests [that occur in] in the course of land requisitions. The Ministry of Construction, in cooperation with other relevant departments, shall adopt and implement measures to strictly control the total area subject to housing demolition and guarantee that the total area subject to housing demolition this year is clearly smaller than last year. In areas where demolition conflicts and related disputes are relatively concentrated, outside of projects involving energy, transportation, hydropower, major urban public infrastructure, and other major construction projects, major social development projects, the reconstruction of condemned houses, and projects involving affordable and low-cost housing, demolition shall be totally stopped and resources redirected to solve existing demolition problems. Local governments must not expand the scope of demolition without authorization by violating legal procedures or legal provisions, substituting government meeting records and documents for legally required demolition permits and important documents, or changing plans. 3. Strictly adhere to demotion procedures, ensure that demolition is open, fair, and impartial. Vigorously promote the standardization of demolition management. All demolition projects must be carried out in accordance with the powers and procedures provided in the “Urban Housing Demolition Management Regulations” (State Council Order No. 305) and the “Guidance Opinion on Urban Housing Demolition Appraisal” (Ministry of Construction (2003) No. 234), etc., and must strictly carry out procedures for housing demolition permit application, notification, appraisal, agreement, and other matters. When agreement can’t be reached, hearings, administrative adjudication, preservation of evidence, and other procedures must be strictly carried out in accordance with the provisions of the “Urban Housing Demolition Administrative Adjudication Work Rules” (Ministry of Construction (2003) No. 252). In particular, the system of notification of demolition appraisal results must be implemented, and the openness, fairness, and impartiality of demolition must be ensured. Engineering projects constructed with government funds must also be carried out strictly in accordance with procedures. 4. Strengthen management of demolition units and personnel and standardize demolition behavior. Strengthen the management of qualifications for demolition work and strictly tighten up market access. For all demolition engineering projects, the method of posting for bid or commission must be used to award [the project] to a construction unit with the appropriate qualifications to conduct demolition. Progressively standardize demolition commissions and prohibit the adoption of the “all-around contract” for demolition expenses to carry out demolition. Housing appraisal organizations must reasonably set market valuations and prices according to relevant regulations and the location, use, building area, etc. Those persons who engage in demolition and their corresponding work units should strictly implement laws and regulations, strictly prohibit uncivilized and illegal demolitions, strictly prohibit the application of methods such as cutting off electricity, gas, or heat, blocking traffic, and other tactics to force residents subject to demolition to move. Local people’s government at each level and corresponding departments must strengthen the education and cultivation of people who conduct demolition, continuously enhance observance of law and discipline, and improve professional quality. 5. Conduct administration strictly according to law, correctly carry out professional duties. Local people’s governments at each level shall progressively shift functions and achieve a separation of government affairs and government enterprise. Demolition companies subordinate to ordinary government departments must completely sever links with the departments. Government departments must extract themselves from prior housing demolitions they organized directly, carry out administration strictly in accordance with the law, implement a “separation of demolition and management,” achieve a fundamental shift in housing demolition management from stressing and relying on administrative methods to stressing and relying on legal methods, and strictly prohibit the transfer of examination and approval authority for demolitions. Tighten up the issuance of demolition permits. Projects that violate city plans and controlling detailed plans or that do not have demolition plans, construction project approval documents, construction land use plan permits, land use approval documents for state-owned land, or demolition compensation funds, or that have not implemented resettlement programs, must not be issued demolition permits. Strictly prohibit recovering land use rights and directly supplying land and issuing construction land use approval documents to projects that have not yet [paid] resettlement subsidies. Government administrative organs must neither interfere with nor forcibly set demolition compensation standards, and may not directly participate or interfere in the activities that are undertaken by the person who conducts the demolition. The power of forced demolition must be exercised correctly and in accordance with the law. 6. Strengthen oversight of demolition compensation funds and implement demolition resettlement plans. Reasonable demolition compensation is the foundation for upholding the legal rights and interests of those subject to demolition and conducting demolition work. Demolition units must properly respect the wishes of property owners in their choices regarding property exchange, monetary compensation, rental housing, and other matters and must not accommodate the small number of property owners with unreasonable demands. For all demolition projects, regardless of whether they are projects for the public interest or projects operated for investment purposes, demolition compensation funds must be delivered promptly, special bank accounts must be established, funds must be specially earmarked, and the compensation quotas must be paid to the people subject to demolition. A project’s future profit, institutional capital commitments, or other funds that have not yet been realized may not be used as the source of demolition funds. All locales must provide, within the scope of reasonable demolitions that have already been set, demolition resettlement and transfer plans with quality standards, reasonable prices, and suitable housing. Bring those households with difficult circumstances that are affected by demolition into overall arrangements for housing guarantees in cities and towns and ensure their basic housing needs. 7. Conduct demolition letters and visits work well in practice and safeguard social stability. Conducting “letters and visits” work well is an important way to accept the supervision of the masses and protect the legal rights and interests of those subject to demolition. All locales must establish a system of job responsibilities for demolition “letters and visits” work, and in particular must establish and perfect a system of job responsibility for preliminary letters and visits work as well as a mechanism for organizing, investigating, and mediating demolition disputes and contradictions. Promptly resolve problems and reasonable demands made known by the masses and actively diffuse demolition disputes and contradictions. In areas with a relatively large number of demolition petitions, comprehensively sift through demolition petition issues and understand the real situation regarding important and universal issues complained about. Important leaders in local people’s governments must personally organize study and promptly adopt focusing measures, formulate concrete plans for resolution, identify responsible units and individuals, and resolve problems within a set time. At the same time, with respect to the unreasonable demands of some people subject to demolition, do not make promises contrary to regulations or recklessly set precedents, and guard against the harmful effects of “the squeaky wheel getting greased.” The work of creating channels for collective petitions should be done well, and preparations should be made to guard against and handle mass incidents. For the minority that demands an exorbitant price and willfully stirs up trouble, we must uphold principles and not compromise. The minority of individuals subject to demolition that openly assemble and create disturbances or take to the streets to block traffic or attack government organs must be promptly and severely punished in accordance with the law. 8. Strengthen inspection and supervision, strictly handle illegal acts. Organs at all levels that supervise construction, etc. must strengthen coordination and cooperation and enhance investigation and punishment in cases involving violations of law and regulations during housing demolition in cities and towns. Resolutely investigate and punish the phenomena of people’s governments at each level and relevant administrative departments under their control violating city plans and examination and approval procedures, blindly enlarging the scope of demolition, and abusing authority by engaging in forced demolitions. With regards to departments and locales where serious harm to the interest of the masses has continuously occurred in the course of demolition, leading to terrible incidents, leaders and individuals directly responsible must be called to account. Demolitions that are not carried out in accordance with provisions and procedures must be promptly corrected and the units and leaders called to account. Administrative discipline must be administered in accordance with the law for the indiscriminate use of coercive measures that causes serious consequences. Where such [acts] constitute crimes, criminal responsibility must be pursued in accordance with the law. Demolition units and appraisal organizations that violate laws and regulations must be severely punished. With respect to intentionally being in arrears on, confiscating, or misusing demolition compensation funds and other acts that violate laws and regulations, the parties and direct leaders must be strictly called to account. Uncivilized demolition and serious violations of the interests of residents must be curbed and, where the circumstances are serious, relevant qualifications must be canceled and the behavior dealt with severely in accordance with the law. 9. Perfect laws and regulations, strengthen policy measures. Put demolition work in cities and towns on the path of legalization and standardization and continue to perfect relevant laws and policies. Regarding the problems that exist in implementing the “Urban Housing Demolition and Relocation Management Regulations,” each locale must progressively formulate and perfect relevant housing demolition policies. The departments concerned shall cooperate with the Supreme People’s Court to release relevant judicial interpretations on housing demolition and standardize housing demolition administrative adjudication, coercive enforcement procedures, and related issues. All locales will, according to national laws and regulations related to demolition work, formulate and perfect local regulations, rules, and documents. Local regulations and rules that are inconsistent with the Urban Housing Demolition and Relocation Management Regulations must be promptly revised. For policies that are unclear, but are genuinely reasonable, relevant policy measures must be quickly formulated and settled within a set period of time. 10. Persist in correct guidance of public opinion and give full play to media supervision. Television, broadcast, periodical, Internet, and other media should start from the general situation of social stability. Expand efforts to disseminate information on reasonable advances in urban construction and the implementation of housing demolition policy as well as the standardization of demolition management and good experience and methods for upholding the legal rights and interests of the masses. Enable the masses to fully understand demolition policy, improve the social environment for demolition in accordance with the law, and strengthen the consciousness of the masses with respect to upholding rights in accordance with the law. At the same time, continue to expose typical cases involving serious harm to the interests of the masses. Persist in the correct guidance of public opinion, support urban demolition work carried out in accordance with the law, pay attention to the form of information dissemination, and guard against inducing and intensifying contradictions. 11. Strengthen organizational leadership, implement work responsibility. Every locale and department should make controlling the scope of housing demolition and tightening up demolition management one of the important elements of implementing the Center’s important policy measures on macroeconomic regulation and guaranteeing social stability, include these items as important duties in this year’s government work and make them explicit parts of the duties of comrades in charge, strengthen leadership, adopt effective measures, and do the corresponding work well. Relevant organs must strengthen coordination and cooperation, establish and perfect coordinating mechanisms for demolition work units, guide work across the country, establish and perfect supervision and information-sharing systems for key areas, projects, and cases, and summarize and disseminate good experience and methods. Each provincial-level people’s government must strengthen management and supervision of demolition work within its administrative area, strengthen regulation and control of the scope of demolition in practice, guard against and correct “major demolition and major construction,” and, in accordance with the PRC Administrative Licensing Law, standardize city and county demolition management departments and duties. Each city and county people’s government must carry the burden of construction and demolition work in cities and towns strictly in accordance with the law, act according to its capability, and conduct demolition work in cities and towns by persisting in implementation of macroeconomic policy measures and upholding the interests of the masses to a high degree. The people’s governments of each province, autonomous region, and centrally administered municipality will implement and report the situation to the State Council before late October 2004 and at the same time sending a copy to the Ministry of Construction. State Council General Office June 6, 2004 Translation Note 1: Demolition and relocation is hereinafter referred to simply as demolition.

State Council Decision on Deepening Reform of and Tightening Up Land Management (Chinese Text)

The following text was retrieved from the Sohu Housing Focus <a href="https://house.focus.cn/newshtml/81407.html">Web site</a> on November 10, 2004.

Supreme People's Court, Provisions on Several Problems Related to People's Courts Adjudicating State Compensation Confirmation Cases (Chinese Text)

The following text was retrieved from the Law-Lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=86561">Web site</a> on September 2, 2004.

Rural Land Contracting Law of the People's Republic of China (Chinese Text)

The following text was retrieved from the China Central Television <a href="https://www.cctv.com/news/china/20020829/416.html">Web site</a> on October 21, 2004.

Implementing Regulations for the PRC Land Management Law (Chinese Text)

The following text was retrieved from the PRC Ministry of Construction <a href="https://www.cin.gov.cn/law/other/2000111613-00.htm">Web site</a> on October 21, 2004.

Urban Real Estate Management Law of the People's Republic of China (English and Chinese Text)

The following translation was retrieved from the PRC Supreme People's Court Web site on October 21, 2004. The Chinese text was retrieved from the same source. Urban Real Estate Management Law of the People's Republic of China Chapter I General Provisions Chapter II Land for Real Estate Development Section I Grant of the Land-use Right Section II Allocation of the Land-use Right Chapter III Real Estate Development Chapter IV Real Estate Businesses Section I General Rules Section II Real Estate Transfer Section III Real Estate Mortgage Section IV Premises Lease Section V Intermediary and Service Agency Chapter V Real Estate Ownership Registration and Administration Chapter VI Legal Responsibility Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 For the purposes of strengthening the urban real estate management, maintaining real estate market order, safeguarding the legitimate rights and interests of real estate right holders and promoting the healthy development of the real estate industry, this Law is enacted. Article 2 Within the confines of the State-owned land in urban planning zones in the People's Republic of China (hereinafter referred to as "the State-owned land"), obtaining of the right to the use of the land for real estate development, conducting of real estate development and real estate business and carrying out of real estate administration shall be in compliance with this Law. "Premises" as the term is used in this Law means such buildings as houses, structures and constructions on land. "Real estate development" as the term is used in this Law means an act by which infrastructures and premises are built on the State-owned land to which the land-use right is acquired according to this Law. "Real estate business" as the term is used in this Law includes real estate transfer, real estate mortgage and premises lease. Article 3 The State implements according to law a system of paid use of the state-owned land within a limited term. However, the use of the State-owned land by means of State allocation in conformity with this Law is excluded. Article 4 The State, based on the social and economic development, supports and develops the construction of residential houses, and gradually improves its residents' living conditions. Article 5 A real estate right holder shall abide by laws and administrative regulations and pay taxes according to law. The legitimate rights and interest of real estate right holders are protected by laws and may not be infringed upon by any unit or individual. Article 6 The competent administrative departments of the State Council for construction and for the land administration are divided in accordance with the functions and powers defined by the State Council, perform their respective duties, closely co-operate and administer the national real estate work. The organizational structures, functions and powers of real estate administration departments and land administration departments of local people's governments at or above the county level are defined by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Chapter II Land for Real Estate Development Section I Grant of the Land-use Right Article 7 "Grant of the land-use right" means an act by which the State grants the State-owned land-use right (hereinafter referred to as "the land-use right") to a land user for a certain number of years and the land user pays to the State a land-use grant fees. Article 8 Only after a piece of collectively-owned land within an urban planning zone is requisitioned and transformed into the State-owned land according to law, the land-use right to this piece of land may be granted in a paid way. Article 9 The grant of the land-use right must be in conformity with the overall plan of land utilization, the city plan and the annual land-use plan for construction purposes. Article 10 Local people's governments at or above the county level shall, in case of granting the land-use right for real estate development, prepare annual draft plans on the total land area for granting the land-use right according to the control quota assigned by people's governments at or above the provincial level, and submit, in accordance with the regulations of the State Council, such plans for approval to the State Council or people's governments at the provincial level. Article 11 The grant of the land-use right shall be undertaken by city or county people's governments in a planned and step-by-step way. Land administration departments of city or county people's governments shall, jointly with city planning, construction and housing administration departments, prepare draft plans with respect to the piece of land to be granted, the purpose for use, the time limits and other conditions, and submit, in accordance with the regulations of the State Council, such plans for approval by people's governments having approval authorities, and upon approval, implement the plans. The limits in performing the powers as provided for in the preceding paragraph by county people's governments and their relevant departments under municipalities directly under the Central Government shall be defined by people's governments of municipalities directly under the Central Government. Article 12 The land-use right may be granted in a manner of auction, invitation to bid or bilateral negotiations. The land for the commercial, tourism, entertainment and luxurious residence purposes must adopt the manner of auctioning and bidding if the conditions permit. Where there are no conditions and auction or bidding is impossible, the manner of bilateral negotiations may be adopted. The fee for granting the land-use right in the manner of bilateral negotiations may not be lower than the minimum price fixed in accordance with the State's regulations. Article 13 The maximum granting number of years for the land-use right shall be laid down by the State Council. Article 14 In granting the land-use right, a grant contract in writing shall be entered into. A land-use right grant contract shall be signed by the land administration department of the city or county people's government and the land user. Article 15 A land user must pay the land-use right grant fee in accordance with the stipulations of the grant contract; if the land user fails to make such payment in accordance with the grant contract, the land administration department has the power to rescind the contract and may claim for liquidated damages. Article 16 Where a land user pays the land-use right grant fee in accordance with the stipulations of the grant contract, the land administration department of the city or county people's government must, in accordance with the stipulations of the grant contract, provide the granted land; if it fails to provide such land in accordance with the stipulations of the grant contract, the land user has the right to rescind the contract, the land administration department shall refund the land-use right grant fee, and the land user may claim for liquidated damages. Article 17 If a land user needs to change the purpose of land use as stipulated in the land-use right grant contract, he must seek the consents of the grantor and the competent city planning administrative department of the city or county people's government, sign an agreement to modify the land-use right grant contract or a renewal land-use right grant contract, and the land-use right grant fee shall be readjusted accordingly. Article 18 The land-use right grant fees collected shall be handed over to the Treasury in totality, included in the budget, and used for urban infrastructure construction and land development. The concrete measures for the handing-over and utilizing of the land-use right grant fees shall be prescribed by the State Council. Article 19 The State, prior to the expiration of the term of use stipulated in the grant contract, is not to recover the land-use right acquired by a land user according to law; the State may, under special circumstances and in light of the need of social and public interests, recover ahead of schedule the land-use right in accordance with legal procedures, and is to compensate accordingly on the basis of the actual number of years for which the land user has used the land and the actual situation the land has been developed. Article 20 The land-use right terminates due to loss of the land. Article 21 In case a land user needs to continue using the land after the term of use as stipulated in the land-use right grant contract expires, the land user shall apply to extend the term no later than one year before the term ends. Unless otherwise the piece of land needs to be recovered in light of social and public interests, such an application shall be approved. After the application to extend the term is approved, a renewal grant contract of the land-use right shall be entered into and the land-use right grant fee shall be paid according to the stipulations. Upon expiration of the term of use as stipulated in the land-use right grant contract, the State shall, without compensation, recover the land-use right in case that a land user fails to file an application to extend the term or that the application, if any, is denied in accordance with the provisions of the preceding paragraph. Section II Allocation of the Land-use Right Article 22 "Allocation of the land-use right" means an act of, upon approval of the people's government at or above the county level according to law, providing a land user a piece of land to use after the land user pays such fees as compensation and resettlement, or providing without compensation a land user the land-use right. The land-use right acquired by means of allocation in accordance with the provisions of this Law shall not have a limit with regard to the term of use, unless otherwise provided in laws and administrative regulations. Article 23 People's governments at or above the county level may, according to law, approve and allocate the land-use right, if necessary, for the following construction lands: 1. land used by the State organs and the military; 2. land used for urban infrastructure construction and public installations; 3. land used for such projects as energy, communications and water enjoying priority support by the State; and 4. other lands as provided for by laws and administrative regulations. Chapter III Real Estate Development Article 24 Real estate development must adopt with a policy of overall planning, rational distribution, comprehensive development and supplementary construction in strict compliance with the city plan and in accordance with the principle of balancing economic, social and environmental results. Article 25 A land where the land-use right is acquired by means of grant for real estate development must be developed in accordance with the purposes and the deadline to start the development as stipulated in the land-use right grant contract. An idle land charge equivalent to less than 20 per cent of the land-use right grant fee may be collected for not starting the development more than one year from the date of starting the development stipulated in the grant contract; The land-use right may be recovered without compensation if the land remains undeveloped more than two years after the date passes; but the penalty will not be applied to a project delayed because of irresistible forces, because of the acts of governments and relevant departments of governments or because of the undertaking of the preliminary works necessary for starting the development. Article 26 The designing and construction of a real estate development project must be in conformity to the relevant standards and guidelines of the State. Upon completion, a real estate development project may be put into use only after passing inspection. Article 27 The land-use right acquired according to law may be converted into shares based on negotiated prices to launch joint ventures or co-operative ventures for developing and managing real estate in accordance with the provisions of this Law, other relevant laws and administrative regulations. Article 28 The State adopts preferential measures such as taxes to encourage and support real estate development enterprises to develop and build residential houses. Article 29 A real estate development enterprise is an enterprise engaging in the development and business of real estate for the purpose of making profit. The establishment of a real estate development enterprise shall satisfy the following requirements: 1. having its own name and organizational structure; 2. having a permanent business site; 3. having registered capital in conformity with the regulations of the State Council; 4. having sufficient professional technical personnel; and 5. other requirements set out by laws and administrative regulations. In establishing a real estate development enterprise, an application for registration shall be filed to an industrial and commercial administrative department. For those who satisfy the requirements under this Law, the industrial and commercial administrative department shall register and issue a business license; for those failing to satisfy the requirements under this Law, the registration shall be refused. The establishment of limited liabilities or share-holding limited companies engaging in real estate development and business shall also be governed by the relevant provisions of the Company Law. A real estate development enterprise shall, within one month after receiving its business license, apply for record to a department designated by the local people's government at or above the county level in the place where the registration organ is located. Article 30 The ratio between registered capital and total investment of a real estate development enterprise shall be in conformity to the relevant regulations of the State. In case of phased development of real estate by a real estate development enterprise, investment volume for different stages shall match the scale of the project and, in accordance with the stipulations of the land-use right grant contract, the capital shall be input in time for the use by the project construction. Chapter IV Real Estate Businesses Section I General Rules Article 31 Where real estate is transferred or mortgaged, the ownership right of the premises on the land is transferred or mortgaged along with the land-use right. Article 32 The datum land price, labeled land price and re-purchase price for various types of premises shall be fixed and made public on a regular basis. Concrete measures shall be formulated by the State Council. Article 33 The State implements a real estate price evaluation system. The real estate price evaluation shall be in compliance with the principles of justice, fairness and openness, and, in accordance with the technical standards and evaluation procedures laid down by the State, the evaluation shall be carried out on the basis of the datum land price, labeled land price and re-purchase price for various types of premises while taking reference of the local market price. Article 34 The State implements a real estate transaction value declaration system. A real estate right holder shall, in transferring real estate, declare truthfully the transaction value to a department designated by the local people's government at or above the county level and refrain from hiding or making deceitful declaration. Article 35 The parties concerned in transferring or mortgaging real estate shall apply for ownership registration in accordance with the provisions of the Chapter V of this Law. Section II Real Estate Transfer Article 36 "Real estate transfer" means an act by which a real estate right holder passes on his real estate to others by means of sales, as a gift or other lawful means. Article 37 The following real estates may not be transferred: 1. where the land-use right is acquired by means of grant and failing to satisfy the requirements under Article 38 of this Law; 2. where a judicial organ or an administrative organ rules or decides, according to law, to seal up or mandate other measures to limit the real estate right; 3. where the land-use right is recovered according to law; 4. where there is no written consent by other right holders of shared real estate; 5. where there is a dispute over the ownership; 6. without registration and ownership certificate according to law; and 7. other real estates which transfers are prohibited by laws and administrative regulations. Article 38 Where the land-use right is acquired by means of grant, the transfer of real estate shall satisfy the following requirements: 1. where the total amount of the land-use right grant fee is paid in accordance with the stipulations of the grant contract and a land-use right certificate is received; and 2. in case of investment development as stipulated in the grant contract, if a project involves premises construction, 25 per cent or more of the total development investment volume has to be completed, if a project involves tract land development, the land must be ready for industries or other constructions. If the construction of premises has already been completed in the time of transferring real estate, the premises ownership certificate is required. Article 39 A transfer of real estate where the land-use right is acquired by means of allocation shall be reported, in accordance with the regulations of the State Council, to a people's government having approval authority for examination and approval. If the people's government having approval authority permits such transfer, the transferee shall go through the land-use right grant procedure and pay the land-use right grant fee according to relevant regulations of the State. In case the land-use right is acquired by means of allocation, where the report on a real estate transfer is made for approval and the people's government having approval authority decides in accordance with the regulations of the State Council that the land-use right grant procedure can not be gone through, the transferor shall, in accordance with the regulations of the State Council, hand over the land profits out of the profits for the real estate transfer to the State or manage the land profits in other ways. Article 40 In transferring real estate, a written transfer contract shall be entered into, which shall include the ways through which the land-use right is acquired in explicit terms. Article 41 In transferring real estate, the rights and obligations explicitly stipulated in a land-use right grant contract are transferred along with such real estate. Article 42 In case the land-use right is acquired by means of grant, the number of years for use of the land-use right after real estate is transferred, is the remaining period of the number of years as stipulated in the original land-use right grant contract after the deduction of the number of years for which the original land user has used the land. Article 43 In case of real estate transfer where the land-use right is acquired by means of grant, the grantee who intends to alter the purpose of the land as stipulated in the original land-use right grant contract must obtain the consent from the original grantor and the competent administrative department for urban planning of the city or county people's government, sign an agreement to alter the land-use right grant contract or a renewal land-use right grant contract, and the land-use right grant fee shall be readjusted accordingly. Article 44 Pre-sale of commodity premises shall satisfy the following requirements: 1. having paid the land-use right grant fee in totality and received a land-use right certificate; 2. having a construction project planning license; 3. the capital input for the development construction has reached at least 25 per cent of the total investment in the project construction as calculated by the commodity premises available for pre-sale, and the schedule of the construction and the date of the completion have been determined; and 4. having finished registration for pre-sale with a housing administration department of the people's government at or above the county level and received a commodity premises pre-sale license. A commodity premises pre-sale shall, in accordance with relevant state regulations, submit his or her pre-sale contract to a housing administration department and a land administration department of the people's government at or above the county level for the registration and record. Income from commodity premises pre-sale must be used in relevant project construction. Article 45 With respect to re-transferring an uncompleted pre-sale commodity premises purchased by a commodity premises pre-purchaser, the State Council shall prescribe thereon. Section III Real Estate Mortgage Article 46 "Real estate mortgage" means an act by which a mortgagor provides security to a mortgagee for the fulfillment of debt repayment by means of his lawful real estate without changing the real estate's belonging. In case that a debtor fails to fulfill the debt, a mortgagee has the right to be compensated in priority according to law by the receipts resulting from auctioning of real estate mortgaged. Article 47 The premises ownership right acquired according to law and the land-use right within the limits of use of the said premises may be mortgaged. The land-use right acquired by means of grant may be mortgaged. Article 48 The real estate mortgage shall be handled with the land-use right certificate and the premises ownership right certificate. Article 49 In mortgaging real estate, the mortgagor and the mortgagee shall enter into a written mortgage contract. Article 50 In case the land-use right acquired by means of allocation is taken as the real estate mortgage right, and after such real estate is auctioned according to law, a sum equivalent to the land-use right grant fee payable shall be paid out of the receipts resulting from the sales, and only after that, can the mortgagor enjoy the priority of compensation. Article 51 Premises newly added on the land shall not be taken as property subjecting to mortgage after a real estate mortgage contract is signed. Where there is a need to auction such real estate mortgaged, the mortgaged property and the premises newly added on the land may be auctioned according to law, however, the mortgagor has no right to enjoy the priority of compensation with regard to the receipts resulting from the sales of the newly added premises. Section IV Premises Lease Article 52 "Premises lease" means an act by which a premises right owner acting as a lessor leases his premises to a lessee for use, with the lessee paying rentals to the lessor. Article 53 In leasing premises, the lessor and the lessee shall enter into a written lease contract, which stipulates such clauses as the lease term, lease purpose, lease price and repair obligations, as well as other rights and obligations of both parties concerned and register with a housing administration department for the record. Article 54 The lease of residential premises shall comply with the lease policy laid down by the State and the urban people's government in the place where the premises is located. For premises leased for production and business operations, both parties involved in the lease shall negotiate the rental and other lease clauses. Article 55 A premises right owner who leases, for the purpose of making profits, premises erected on the State-owned land to which the land-use right is acquired by means of allocation shall hand over the land profits contained in the rentals to the State. Concrete measures shall be formulated by the State Council. Section V Intermediary and Service Agency Article 56 Real estate intermediary and service agency includes real estate consultation agency, real estate price evaluation agency, real estate brokerage agency and other agencies. Article 57 A real estate intermediary and service agency shall satisfy the following requirements: 1. having its own name and organizational structure; 2. having a permanent service site; 3. having necessary assets and funds; 4. having a sufficient number of professionals; and 5. other requirements set out by laws and administrative regulations. In setting up a real estate intermediary and service agency, an application for establishment registration shall be filed to an industrial and commercial administration department, only after receiving a business license, may the business start. Article 58 The State implements a certification system over real estate price evaluators. Chapter V Real Estate Ownership Registration and Administration Article 59 The State implements a system of registration and certificate of the land-use right and the premises ownership right. Article 60 In case of the land-use right acquired by means of grant or allocation, an application shall be filed to a land administration department of the local people's government at or above the county level for registration, upon the examination and verification by the land administration department of the local people's government at or above the county level, the people's government at the same level issues a land-use right certificate. Where completing the construction of premises on the land for real estate development acquired according to law, an application shall, by means of a land-use right certificate, be filed to a housing administration department of the local people's government at or above the county level for registration, the housing administration development of the local people's government at or above the county level makes examination and verification, if approved, issues a premises ownership right certificate. In case of transferring or altering real estate, an application shall be filed to a housing administration department of the local people's government at or above the county level for housing alteration registration, and by means of the premises ownership right certificate altered, an application shall be filed to a land administration department under the people's government at the same level for the registration of altering land-use right, upon the examination and verification of the land administration department of the people's government at the same level, if approved, the people's government at the same level replaces or alters the land-use right certificate. If it is otherwise provided by laws, the matter shall be governed by the provisions of relevant laws. Article 61 In case of real estate mortgage, mortgage registration shall be made with a department designated by the local people's government at or above the county level. Where the land-use right and premises ownership right are acquired as a result of the disposal of mortgaged real estate, transfer ownership registration shall be made pursuant to the provisions of this Chapter. Article 62 As agreed by the people's government in province, autonomous region or municipality directly under the Central Government, a department of the local people's government at or above the county level exercising unified responsibility over housing administration and land administration may produce and issue an unified real estate ownership right certificate, in which, in accordance with the provisions of Article 60 of this Law, carries respectively the confirmation and changes of the premises ownership right and the land-use right of the land occupied by such premises. Chapter VI Legal Responsibility Article 63 Where, in violation of the provisions of Articles 10 and 11 of this Law, the land-use right has been approved to grant without authorization or has been granted without approval for a real estate development purpose, relevant persons responsible shall be subjected to administrative penalties imposed by their superior organs or their units to which they belong. Article 64 Those who violate the provisions of Article 29 of this Law, conduct real estate development businesses without obtaining business licenses, shall be ordered to stop their real estate development business activities by industrial and commercial administrative departments of people's governments at or above the county level with their ill-gotten gains derived therefrom confiscated, and may be fined concurrently. Article 65 Those who violate the provisions of Paragraph 1 of Article 38 of this Law to transfer the land-use right, shall have their ill-gotten gains derived therefrom confiscated by land administration departments of people's governments at or above the county level, and may be fined concurrently. Article 66 Those who violate the provisions of Paragraph 1 of Article 39 of this Law to transfer real estate shall be ordered by land administration departments of people's governments at or above the county level to pay land-use right grant fees with their ill-gotten gains derived therefrom confiscated, and may be fined concurrently. Article 67 Those who violate the provisions of Paragraph 1 of Article 44 of this Law to pre-sell commodity premises shall be ordered to stop their pre-sales by housing administration departments of people's governments at or above the county level with their ill-gotten gains derived therefrom confiscated, and may be fined concurrently. Article 68 Those who violate the provisions of Article 57 of this Law to engage in real estate intermediary and service businesses without obtaining the business licenses shall be ordered to stop their business activities by industrial and commercial administration departments of people's governments at or above the county level, with their ill-gotten gains derived therefrom confiscated, and may be fined concurrently. Article 69 Those who collect fees from real estate development enterprises in the absence of reference of any law and regulations shall be ordered by their superior organs to return the cashes they have collected; if the case is serious, those who are directly responsible shall be subject to administrative penalties imposed by their superior organs or the units to which they belong. Article 70 Where a person of a housing administration department or land administration department neglects his duty, or abuses his power of office, criminal responsibility shall be investigated according to law if the act constitutes a crime; if the act does not constitute a crime, administrative penalties shall be imposed. Where a person of a housing administration department or land administration department takes advantages of his power privileges to ask for goods or cash from others or illegally accepts goods or cash from others to seek their benefits, if the act constitutes a crime, criminal responsibility shall be investigated in accordance with the Supplementary Provisions Concerning the Punishment of the Crimes of Embezzlement and Bribery; if the act does not constitute a crime, administrative penalties shall be imposed. Chapter VII Supplementary Provisions Article 71 Within the confines of the State-owned land in areas beyond the urban planning zones, obtaining of the land-use right for real estate development, conducting of real estate development and business, and carrying out of real estate administration shall be governed by taking reference of this Law. Article 72 This Law shall enter into force on January 1, 1995.

Urban Housing Demolition and Relocation Management Regulations (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Urban Housing Demolition and Relocation Management Regulations" issued by the PRC State Council on June 6, 2001. The Chinese text follows. <HR> Urban Housing Demolition and Relocation Management Regulations State Council Order No. 305 Issued on June 6, 2001 and effective as of November 1, 2001 Chapter I - General Principles Article 1 These regulations are formulated in order to strengthen the management of urban housing demolition and relocation, safeguard the legal rights and interests of demolition and relocation parties, and preserve the smooth progress of construction projects. Article 2 These regulations are applicable where demolition and relocation is implemented on state owned land in city planning areas and where compensation and resettlement for demolition and relocation subjects [hereinafter, “demolition subjects”](Note 1) is necessary. Article 3 Urban housing demolition and relocation must conform to the city plan, benefit the transformation of old city areas and improvement of the environment, and preserve cultural relics and historic sites. Article 4 The entity conducting demolition [hereinafter “demolition entity”](Note 2) shall provide compensation and resettlement for demolition subjects in accordance with the provisions of this regulation; demolition subjects shall complete relocation within the time limits for relocation. “Demolition entity,” as used in these regulations, refers to the work unit that obtains the housing demolition and relocation permit. “Demolition subject,” as used in these regulations, refers to the owner of the housing to be demolished and relocated. Article 5 The competent construction administration departments of the State Council carry out supervision and management over urban housing demolition and relocation work throughout the country. Local people’s government offices at the county level and above that are responsible for managing housing demolition and relocation work (hereafter referred to as “demolition and relocation management offices”) carry out supervision and management over urban demolition and relocation work within their administrative districts. The relevant offices of people’s governments at the county level and above shall coordinate with each other and guarantee the smooth progress of housing demolition and relocation management work according to these regulations. Land administration bureaus of people’s governments at the county level and above are responsible for land administration work related to urban housing demolition and relocation in accordance with the provisions of the law and administrative regulations. Chapter II - Demolition and Relocation Management Article 6 After a work unit that will demolish and relocate housing obtains a housing demolition and relocation permit, it may carry out demolition and relocation. Article 7 Those applying for a demolition and relocation permit shall provide the following materials to the housing demolition and relocation management office of the people’s government for the locality where the housing is located: (1) Construction project approval documents; (2) Construction land use plan permit; (3) State owned land use rights approval document; (4) Demolition and relocation plan and program; (5) Proof that the financial institution handling deposit work has issued payment for demolition and relocation compensation and resettlement. The housing demolition and relocation management department of the city or county people’s government shall conduct examination and investigation into the application within 30 days of receiving it and issue a housing demolition and relocation permit if the application meets the requirements. Article 8 Housing demolition and relocation management departments shall, at the same time that they grant the housing demolition and relocation permit, record the demolition entity, the scope of the demolition and relocation, the time limit for demolition and relocation, etc. on the permit and shall publish [such information] in the form of a public housing demolition and relocation announcement. Article 9 Demolition entities shall carry out housing demolition and relocation within the demolition and relocation scope and the time limits set forth in the housing demolition and relocation permit. Where it is necessary to extend the time limit for demolition and relocation, the demolition entity shall make an extension application to the housing demolition and relocation management office at least 15 days before the demolition and relocation time limit expires. Housing demolition and relocation management offices shall issue a reply within ten days of receiving the demolition and relocation extension application. Article 10 Demolition entities may conduct demolition and relocation on their own, or may commission a work unit with demolition and relocation qualifications to carry out the demolition and relocation. Demolition and relocation management offices may not act as demolition entities and may not accept commissions to conduct demolition and relocation. Article 11 A demolition entity that commissions demolition and relocation shall provide a power of attorney to the work unit commissioned with demolition and relocation and sign a demolition and relocation commission contract. Demolition entities shall report demolition and relocation commission contracts for filing with the housing demolition and relocation management office within fifteen days of signing such contracts. Commissioned demolition and relocation work units may not transfer their demolition and relocation obligation. Article 12 After the scope of demolition and relocation is set, work units and individuals within the scope of demolition and relocation are prohibited from conducting the following activities: (1) Building, expanding, or remodeling housing; (2) Changing the use of the housing or land; (3) Renting housing. Housing demolition and relocation management offices shall notify the relevant offices in writing that they should temporarily suspend handling procedures related to the matters listed in the prior clause. The notice to temporarily suspend procedures should clearly state the time period for suspension. The time period for suspension may not exceed one year. If a demolition entity must extend the period of suspension, it must obtain the approval of the housing demolition and relocation management office, and the period of extension may not exceed one year. Article 13 Demolition entities and demolition subjects shall sign a compensation and resettlement agreement covering the form of compensation and the compensation amount, the location and area of resettlement housing, time limits for relocation, form and time periods for intermediate stage relocation, etc., according to the provisions of these regulations. Where rented housing is to be demolished and relocated, the demolition entity shall sign a compensation and resettlement agreement with the demolition subject and with the housing tenant. Article 14 Where housing managed for others by the housing demolition and relocation management office must be demolished and relocated, the demolition and relocation compensation and resettlement agreement must be notarized by a notarization organ and the evidence must be preserved. Article 15 If, after a demolition and relocation compensation and resettlement agreement has been signed, the demolition subject or housing tenant refuses to relocate within the time limit for relocation, the demolition entity may apply for arbitration with an arbitration committee and may also file suit in a people’s court according to the law. During the litigation, the demolition entity may apply, in accordance with the law, to the people’s court for implementation of [the demolition]. Article 16 If a demolition entity and demolition subject, or a demolition entity, demolition subject, and housing tenant cannot conclude a demolition and relocation compensation and resettlement agreement, the housing demolition and relocation management office may adjudicate upon application by a party. If the housing demolition and relocation management office is the demolition subject, then the people’s government at the same level shall adjudicate. An adjudication decision shall be issued within thirty days of the receipt of the application. If a party is not satisfied with an adjudication decision, it may file suit in a people’s court within thirty days of receiving the adjudication decision. Where demolition entities have already provided monetary compensation or demolition and relocation resettlement housing and transition housing according to these regulations, the implementation of demolition and relocation shall not be suspended during the time of the lawsuit. Article 17 Where demolition subjects or housing tenants do not relocate within the time limit for relocation provided in the adjudication decision, the city or county people’s government in the place where the housing is located shall charge the relevant departments with carrying out forced demolition and relocation, or the housing demolition and relocation management office shall apply to the people’s court according to law for a forced demolition and relocation. Before forced demolition and relocation is implemented, demolition entities shall have a notarization organ preserve evidence of the relevant items in the housing to be torn down. Article 18 Demolition and relocation that relates to military installations, churches, temples, cultural relics and historic sites, or foreign embassy or consulate housing, shall be handled in accordance with the relevant laws and regulations. Article 19 The agreement of the housing demolition and relocation management office must be obtained for the transfer of incomplete demolition and relocation compensation and resettlement construction projects, and all of the rights and obligations of the original compensation and resettlement agreement shall be transferred to the assignee. The project transferor and transferee shall notify the demolition subject in writing and make a public announcement within thirty days of signing the transfer contract. Article 20 The compensation and resettlement funds of demolition entities that implement housing demolition and relocation shall be used for compensation and resettlement for housing demolition and relocation and may not be diverted for other uses. The housing demolition and relocation management office of local people’s governments at the country level and above shall strengthen supervision over the use of compensation and resettlement funds. Article 21 Housing demolition and relocation management offices shall establish and strengthen demolition and relocation file management systems and strengthen management of demolition and relocation file materials. Chapter III - Demolition and Relocation Compensation and Resettlement Article 22 Demolition entities shall provide compensation to demolition subjects in accordance with the provisions of these regulations. Compensation shall not be provided for the demolition of illegal structures or temporary structures that exceed approved time limits. Appropriate compensation shall be given for demolition of temporary structures that do not exceed approved time limits. Article 23 Compensation for demolition and relocation may take the form of monetary compensation and also an exchange of housing property rights. Except as provided in article 25, clause 2 and article 27, clause 2 of these regulations, the demolition subject may choose the form of demolition and relocation compensation. Article 24 The amount of monetary compensation shall be determined according to the location, use, building area, and other factors [related to] the demolition subject’s housing as well as an evaluation of the market price. Article 25 Where a housing rights exchange is implemented, the demolition entity and the subject shall calculate the compensation amount and the price of exchange housing and settle on the price difference for the property to be exchanged in accordance with the provisions of article 24 of these regulations. Where appendages to housing that is not needed for the public good are demolished, property exchange is not undertaken and the demolition entity shall provide monetary compensation. Article 26 Where housing that is needed for the public good is demolished and relocated, the demolition entity shall rebuild in accordance with the provisions of the relevant laws and regulations and the needs of the urban plan, or provide monetary compensation. Article 27 Where rented housing is demolished and relocated, the demolition subject and housing tenant shall extinguish their rental relationship, or the demolition subject shall provide resettlement for the housing tenant and the demolition entity shall provide compensation to the demolition subject. If the demolition subject and the housing tenant cannot reach agreement on extinguishing the rental relationship, the demolition entity shall implement a housing rights exchange with the demolition subject. The housing for exchange shall be rented to the original housing tenant, and the demolition subject shall sign a new housing rental contract with the housing tenant. Article 28 Demolition entities shall provide housing that conforms to state housing safety standards for use in demolition and relocation resettlement. Article 29 In the case of demolition and relocation of housing where the property rights are unclear, the demolition entity shall propose a compensation and resettlement plan and shall implement demolition and relocation after reporting to the housing demolition and relocation management office for examination and approval. Before demolition and relocation, the demolition entity shall have a notarization organ preserve evidence of the relevant items for demolition and relocation. Article 30 Where a creditor has priority rights over housing that is to be demolished, demolition shall be implemented in accordance with the relevant security laws of the state. Article 31 Demolition entities shall pay a relocation subsidy to demolition subjects or housing tenants. During the relocation period, where demolition subjects or housing tenants arrange for lodging on their own, the demolition entity shall pay a temporary resettlement subsidy. Where the demolition subject or housing tenant uses transfer housing provided by the demolition entity, the demolition entity does not pay a temporary resettlement subsidy. The standards for relocation subsidies and temporary resettlement subsidies shall be provided by the people’s governments of provinces, autonomous regions, and centrally administered municipalities. Article 32 Demolition entities may not extend the transition period without authorization. Persons making use of transfer housing shall vacate such housing on schedule. If the demolition entity is responsible for extending the transfer period, it shall increase the temporary resettlement subsidy for demolition subjects or their housing tenants that arrange their own lodging for each month that it exceeds the [original] time limit. For persons making use of transfer housing, it shall pay a temporary resettlement fee for each month that it exceeds the [original] time limit. Article 33 Where production or business is suspended because non-residential buildings are to be demolished and relocated, the demolition entity shall pay appropriate compensation. Chapter IV - Punitive Provisions Article 34 Where a housing demolition and relocation permit is not obtained and demolition and relocation is carried out without authorization in violation of these regulations, the housing demolition and relocation management office shall order a suspension of demolition and relocation, issue a warning, and levy fines of between 20 and 50 yuan for each square meter of housing that has already been demolished. Article 35 Where a demolition entity fraudulently obtain a housing demolition and relocation permit in violation of these regulations, the housing demolition and relocation management office shall revoke the housing demolition and relocation permit and may levy a fine equal to from one to three percent of the demolition and relocation compensation and resettlement fund. Article 36 Where demolition entities violate the provisions of these regulations in any of the following circumstances, the housing demolition and relocation management office shall order the suspension of the demolition and relocation, issue an warning, and may levy fines equal to three percent or less of the demolition and relocation compensation and resettlement fund. If the circumstances are serious, they may revoke the demolition and relocation permit. (1) The demolition and relocation is not carried out in accordance with the scope set in the housing demolition and relocation permit; (2) A work unit without qualifications for demolition and relocation is commissioned to carry out the demolition and relocation; (3) Demolition and relocation time limits are extended without authorization. Article 37 Where commissioned demolition and relocation work units transfer their demolition and relocation obligations in violation of these regulations, the housing demolition and relocation management office shall order the [original unit] restored, confiscate illegal income, and levy fines equal to between 20 and 50 percent of the demolition and relocation service fee agreed upon in the contract. Article 38 Where housing demolition and relocation management offices of local people’s governments at the county level and above issue housing demolition and relocation permits and other approval documents in violation of these regulations, or fail to carry out supervisory duties or punish illegal acts after issuing housing demolition and relocation permits and other approval documents, the supervisors and other personnel directly responsible shall be subject to administrative discipline in accordance with the law. Where the circumstances are serious, resulting in severe losses to public property or state or personal interests, and constitute a crime, criminal responsibility shall be pursued in accordance with the law. Chapter V - Supplementary Articles Article 39 Where housing demolition and relocation is carried out on state owned land outside of city planning zones and the demolition subjects require compensation and resettlement, these regulations shall be consulted. Article 40 These regulations become effective as of November 1, 2001. At that time, the “Urban Housing Demolition and Relocation Management Regulations” promulgated by the State Council on March 22, 1991 shall be abolished. Translation Note 1: The parenthetical does not appear in the original regulation. The term "bei chaiqian ren" is translated in shortened form as "demolition subject" purposes of readibility. Translation Note 2: The parenthetical does not appear in the original regulation. The term "chaiqian ren" is translated in shortened form as "demolition entity" for purposes of readibility.

City Planning Law of the People's Republic of China (English and Chinese Text)

The following translation was retrieved from the PRC Supreme People's Court <a href="https://en.chinacourt.org/public/detail.php?id=266&k_title=city">Web site</a> on October 21, 2004. The Chinese text was retrieved from the same source.<HR> City Planning Law of the People's Republic of China (Adopted at the 11th Meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989, promulgated by order No.23 of the President of the People's Republic of China on December 26, 1989, and effective as of April 1, 1990) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FORMULATION OF THE PLAN FOR A CITY CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS CHAPTER IV IMPLEMENTATION OF CITY PLANNING CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic and social development, and map out its plan and carry out its construction on a rational basis in order to meet the needs in socialist modernization. Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out within a planned urban area. Article 3. The term " city " used in this Law applies to a municipality directly under the Central Government, a city or a town established as one of the administrative divisions of the state. The term " a planned urban area " used in this Law applies to an urban district, an inner suburban district or an area needed for urban development and construction as one of the administrative divisions of a city. The scope of a planned urban area shall be determined by the people's government of a city, while compiling a comprehensive plan for the city. Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small cities to an appropriate extent in the interest of a rational distribution of productive forces and of the population. A " large city " means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A " medium-sized city " means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner suburban districts. A " small city " means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term and long-term development. The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction in a planned urban area. Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural environment, resources, historical conditions and present characteristics of the city. The plan shall be a comprehensive one which gives balanced consideration to all factors. The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national economic and social development in accordance with the specified procedure for national capital construction, and shall be carried out step by step in a planned way. Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive planning for the use of land. Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to raise the scientific and technical level of city planning. Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout the country. The competent departments of city planning administration of the people's governments at or above the county level shall be responsible for city planning in the administrative areas under their jurisdiction. Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges against any action that runs counter to such a plan. CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the compilation of hierachical urban plan for the whole nation and for the provinces, the autonomous regions and the municipalities directly under the Central Government respectively in order to provide guidance for the compilation of the plans for the cities. Article 12. The people's government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation of the plan for a town which is the seat of the people's government of a county shall be taken care of by the same people's government. Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast of the needs arising from its long-term development. The size of the city, the standards, norms and criteria for the various items of development, and the development procedure shall conform with the national and local levels of economic and technological development. Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city's ecological environment, the prevention of pollution and other public hazards, the development of greenery and afforestation, the improvement of the appearance and environmental sanitation of urban areas, the preservation of historic and cultural sites, the traditional cityscape, the local characteristics and the natural landscape. In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions and local characteristics. Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people's everyday life, promoting commodity circulation, enriching the economy and promoting advances in science, technology, culture and education shall be adhered to. City planning shall conform with the city's needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, the prevention of floods and of mud-rock flows, public security, traffic control and civil air defence construction. In areas where strong earthquakes and serious floods are likely to occur, measures for earthquake mitigation and flood prevention must be specified in the plan for a city. Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made available. Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and medium-sized cities, district planning may be conducted on the basis of comprehensive planning in order to further control and define the use of land and determine the scope and capacity of each plot and to coordinate the construction of various items of infrastructure and public facilities. Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected size, the standards, norms and criteria for its main building structures, the distribution of land used for various construction purposes, the functions of different zones, the overall arrangement for construction, the comprehensive urban transportation system, the system of water spaces and green spaces, the plan for specialized sectors and the plan for immediate construction. The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include a hierachical urban plan for the administrative divisions of the city or county. Article 20. The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include a concrete plan for the various construction projects to be undertaken in the immediate development area of the city. The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and provide the control indexes for building density and building height, the general layout, the comprehensive plan for utilities engineering and the plan for site engineering. Article 21. Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people's government of the municipality to the State Council for examination and approval. The comprehensive plan for a city which is the seat of the people's government of a province or of an autonomous region, or for a city which has a population of 1,000,000 or more, or for a city otherwise designated by the State Council shall first be examined and approved by the people's government of the province or the autonomous region and then submitted to the State Council for examination and approval. The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than those defined in Paragraphs 2 and 3 of this Article shall be submitted to the people's government of the province, the autonomous region or the municipality directly under the Central Government for examination and approval. The comprehensive plan for a town which is the seat of the people's government of a county administered by a municipality shall be submitted to the relevant municipal people's government for examination and approval. The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted to the people's government of the relevant county for examination and approval. The people's government of a city or of a county must submit the comprehensive plan for a city to the people's congress at the corresponding level or its standing committee for examination and approval before submitting it to the people's government at a higher level for examination and approval. The plan for a district of a city shall be examined and approved by the people's government of the city. The detailed plan for a city shall be examined and approved by the people 's government of the city. The detailed plan for a city which has a district plan shall be submitted to the competent department of city planning administration of the people's government of the city for examination and approval, with the exception of important detailed plans which shall be submitted to the people's government of the city for examination and approval. Article 22. The people's government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising from the city's economic and social development, and the comprehensive plan thus readjusted shall be submitted to the standing committee of the people's congress at the corresponding level and to the authority which originally approved the plan for the record. Major readjustments which involve the designated function of the city, its size, the orientation of its development or its overall layout shall be examined and approved by the people's congress at the corresponding level or its standing committee before they are submitted to the authority which originally approved the plan for examination and approval. CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS Article 23. In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational layout, consideration of local conditions, comprehensive development and the coordinated construction of support facilities must be adhered to. The selection and determination of sites for construction projects may not hinder the development of a city, endanger its safety, cause pollution or a deterioration of its environment or affect the coordination of its various functions. Article 24. The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military establishments shall be built away from the urban districts. In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city's water front, and the availability of a section of the water front for activities other than production shall be guaranteed. Article 25. The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water and energy resources, transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics and historical sites shall be avoided. Article 26. In the development of new urban areas, rational use shall be made of the existing facilities of a city. Article 27. In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified plan. The residential and transportation conditions in the existing urban areas shall be improved step by step, and special attention shall be given to the construction of the infrastructure and public facilities so as to enhance the multiple functions of the city. CHAPTER IV IMPLEMENTATION OF CITY PLANNING Article 28. The plan for a city shall be announced by the people's government of the city after it is approved. Article 29. The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected to planning administration. Article 30. The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city planning administration. Article 31. When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department of city planning administration for the determination of a location for the construction project. The competent department of city planning administration shall determine the site and its boundary, provide the facilities for planning and designing, and issue a permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction, may the unit or individual undertaking construction apply for the use of land to the land administration department of the local people's government at or above the county level. After the application is examined and approved by the people's government at or above the county level, land shall be allocated by the department of land administration. Article 32. For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration within a planned urban area, application shall be submitted to the competent department of the city planning administration together with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit for a planned construction project. Article 33. A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures for the planning and administration of temporary structures and land for temporary use shall be formulated by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use. Article 34. All units and individuals must obey the decisions on readjustments in the use of land made by the people's government of a city according to the plan for the city. Article 35. No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor, or by cutting into the space for underground pipelines and cables. Article 36. The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. No such activity may cause damage to the urban environment or produce a negative effect on city planning. Article 37. The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party subject to inspection. Article 38. The competent department of city planning administration may participate in the checking and acceptance of important development projects within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents related to the completion of a development project within a planned urban area within six months of the checking and acceptance of the project. CHAPTER V LEGAL LIABILITY Article 39. If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall be declared invalid, and the land occupied shall be returned by order of a people's government at or above the county level. Article 40. Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be suspended, removed within a prescribed period of time or be punishable by the confiscation of illegal buildings, structures or facilities; construction which affects city planning but can still be remedied shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine. Article 41. A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level. Article 42. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction, the authorities that decided on the sanction may apply to the people's court for compulsory enforcement. Article 43. Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities; if his act constitutes a crime, he shall be investigated for criminal responsibility according to law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 44. This Law may be referred to for a residents' community in an industrial or mining district without the administrative status of a town. Article 45. Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration under the State Council, and shall be implemented after they are submitted to and approved by the State Council. Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government. Article 46. This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated therefrom. CITY PLANNING LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted at the 11th Meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989, promulgated by order No.23 of the President of the People's Republic of China on December 26, 1989, and effective as of April 1, 1990) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FORMULATION OF THE PLAN FOR A CITY CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS CHAPTER IV IMPLEMENTATION OF CITY PLANNING CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic and social development, and map out its plan and carry out its construction on a rational basis in order to meet the needs in socialist modernization. Article 2. This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out within a planned urban area. Article 3. The term " city " used in this Law applies to a municipality directly under the Central Government, a city or a town established as one of the administrative divisions of the state. The term " a planned urban area " used in this Law applies to an urban district, an inner suburban district or an area needed for urban development and construction as one of the administrative divisions of a city. The scope of a planned urban area shall be determined by the people's government of a city, while compiling a comprehensive plan for the city. Article 4. The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small cities to an appropriate extent in the interest of a rational distribution of productive forces and of the population. A " large city " means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A " medium-sized city " means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner suburban districts. A " small city " means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts. Article 5. City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term and long-term development. The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction in a planned urban area. Article 6. The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural environment, resources, historical conditions and present characteristics of the city. The plan shall be a comprehensive one which gives balanced consideration to all factors. The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national economic and social development in accordance with the specified procedure for national capital construction, and shall be carried out step by step in a planned way. Article 7. The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive planning for the use of land. Article 8. The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to raise the scientific and technical level of city planning. Article 9. The competent department of city planning administration under the State Council shall be responsible for city planning throughout the country. The competent departments of city planning administration of the people's governments at or above the county level shall be responsible for city planning in the administrative areas under their jurisdiction. Article 10. All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges against any action that runs counter to such a plan. CHAPTER II FORMULATION OF THE PLAN FOR A CITY Article 11. The competent department of city planning administration under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the compilation of hierachical urban plan for the whole nation and for the provinces, the autonomous regions and the municipalities directly under the Central Government respectively in order to provide guidance for the compilation of the plans for the cities. Article 12. The people's government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation of the plan for a town which is the seat of the people's government of a county shall be taken care of by the same people's government. Article 13. In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast of the needs arising from its long-term development. The size of the city, the standards, norms and criteria for the various items of development, and the development procedure shall conform with the national and local levels of economic and technological development. Article 14. In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city's ecological environment, the prevention of pollution and other public hazards, the development of greenery and afforestation, the improvement of the appearance and environmental sanitation of urban areas, the preservation of historic and cultural sites, the traditional cityscape, the local characteristics and the natural landscape. In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions and local characteristics. Article 15. In the compilation of the plan for a city, the principle of facilitating production, benefiting the people's everyday life, promoting commodity circulation, enriching the economy and promoting advances in science, technology, culture and education shall be adhered to. City planning shall conform with the city's needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, the prevention of floods and of mud-rock flows, public security, traffic control and civil air defence construction. In areas where strong earthquakes and serious floods are likely to occur, measures for earthquake mitigation and flood prevention must be specified in the plan for a city. Article 16. In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed. Article 17. For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made available. Article 18. The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and medium-sized cities, district planning may be conducted on the basis of comprehensive planning in order to further control and define the use of land and determine the scope and capacity of each plot and to coordinate the construction of various items of infrastructure and public facilities. Article 19. The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected size, the standards, norms and criteria for its main building structures, the distribution of land used for various construction purposes, the functions of different zones, the overall arrangement for construction, the comprehensive urban transportation system, the system of water spaces and green spaces, the plan for specialized sectors and the plan for immediate construction. The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include a hierachical urban plan for the administrative divisions of the city or county. Article 20. The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include a concrete plan for the various construction projects to be undertaken in the immediate development area of the city. The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and provide the control indexes for building density and building height, the general layout, the comprehensive plan for utilities engineering and the plan for site engineering. Article 21. Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people's government of the municipality to the State Council for examination and approval. The comprehensive plan for a city which is the seat of the people's government of a province or of an autonomous region, or for a city which has a population of 1,000,000 or more, or for a city otherwise designated by the State Council shall first be examined and approved by the people's government of the province or the autonomous region and then submitted to the State Council for examination and approval. The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than those defined in Paragraphs 2 and 3 of this Article shall be submitted to the people's government of the province, the autonomous region or the municipality directly under the Central Government for examination and approval. The comprehensive plan for a town which is the seat of the people's government of a county administered by a municipality shall be submitted to the relevant municipal people's government for examination and approval. The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted to the people's government of the relevant county for examination and approval. The people's government of a city or of a county must submit the comprehensive plan for a city to the people's congress at the corresponding level or its standing committee for examination and approval before submitting it to the people's government at a higher level for examination and approval. The plan for a district of a city shall be examined and approved by the people's government of the city. The detailed plan for a city shall be examined and approved by the people 's government of the city. The detailed plan for a city which has a district plan shall be submitted to the competent department of city planning administration of the people's government of the city for examination and approval, with the exception of important detailed plans which shall be submitted to the people's government of the city for examination and approval. Article 22. The people's government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising from the city's economic and social development, and the comprehensive plan thus readjusted shall be submitted to the standing committee of the people's congress at the corresponding level and to the authority which originally approved the plan for the record. Major readjustments which involve the designated function of the city, its size, the orientation of its development or its overall layout shall be examined and approved by the people's congress at the corresponding level or its standing committee before they are submitted to the authority which originally approved the plan for examination and approval. CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS Article 23. In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational layout, consideration of local conditions, comprehensive development and the coordinated construction of support facilities must be adhered to. The selection and determination of sites for construction projects may not hinder the development of a city, endanger its safety, cause pollution or a deterioration of its environment or affect the coordination of its various functions. Article 24. The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military establishments shall be built away from the urban districts. In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city's water front, and the availability of a section of the water front for activities other than production shall be guaranteed. Article 25. The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water and energy resources, transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics and historical sites shall be avoided. Article 26. In the development of new urban areas, rational use shall be made of the existing facilities of a city. Article 27. In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified plan. The residential and transportation conditions in the existing urban areas shall be improved step by step, and special attention shall be given to the construction of the infrastructure and public facilities so as to enhance the multiple functions of the city. CHAPTER IV IMPLEMENTATION OF CITY PLANNING Article 28. The plan for a city shall be announced by the people's government of the city after it is approved. Article 29. The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected to planning administration. Article 30. The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city planning administration. Article 31. When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department of city planning administration for the determination of a location for the construction project. The competent department of city planning administration shall determine the site and its boundary, provide the facilities for planning and designing, and issue a permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction, may the unit or individual undertaking construction apply for the use of land to the land administration department of the local people's government at or above the county level. After the application is examined and approved by the people's government at or above the county level, land shall be allocated by the department of land administration. Article 32. For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration within a planned urban area, application shall be submitted to the competent department of the city planning administration together with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit for a planned construction project. Article 33. A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures for the planning and administration of temporary structures and land for temporary use shall be formulated by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use. Article 34. All units and individuals must obey the decisions on readjustments in the use of land made by the people's government of a city according to the plan for the city. Article 35. No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor, or by cutting into the space for underground pipelines and cables. Article 36. The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. No such activity may cause damage to the urban environment or produce a negative effect on city planning. Article 37. The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party subject to inspection. Article 38. The competent department of city planning administration may participate in the checking and acceptance of important development projects within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents related to the completion of a development project within a planned urban area within six months of the checking and acceptance of the project. CHAPTER V LEGAL LIABILITY Article 39. If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall be declared invalid, and the land occupied shall be returned by order of a people's government at or above the county level. Article 40. Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be suspended, removed within a prescribed period of time or be punishable by the confiscation of illegal buildings, structures or facilities; construction which affects city planning but can still be remedied shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine. Article 41. A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level. Article 42. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction, the authorities that decided on the sanction may apply to the people's court for compulsory enforcement. Article 43. Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities; if his act constitutes a crime, he shall be investigated for criminal responsibility according to law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 44. This Law may be referred to for a residents' community in an industrial or mining district without the administrative status of a town. Article 45. Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration under the State Council, and shall be implemented after they are submitted to and approved by the State Council. Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government. Article 46. This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated therefrom.

Land Management Law of the People's Republic of China (English Text)

The following text was retrieved from the PRC Supreme People's Court <a href="https://en.chinacourt.org/public/detail.php?id=151">Web site</a> on October 21, 2004. Note: Translation does not include 2004 amendments.<HR> The Law of Land Administration of the People's Republic of China CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND CHAPTER THREE GENERAL PLANS FOR THE UTILIZATION OF LAND CHAPTER FOUR PROTECTION OF CULTIVATED LAND CHAPTER FIVE LAND FOR CONSTRUCTION PURPOSES CHAPTER SIX SUPERVISION AND EXAMINATION CHAPTER SEVEN LEGAL RESPONSIBILITIES CHAPTER EIGHT SUPPLEMENTARY PROVISIONS Article 1 The law is formulated in compliance with the Constitution with a view to strengthening the administration of land, safeguarding the socialist public ownership of land, protecting and developing land resources, ensuring a rational use of and giving a real protection to cultivated land to promote sustainable development of the socialist economy. Article 2 The People's Republic of China resorts to a socialist public ownership i.e. an ownership by the whole people and ownerships by collectives, of land. In ownership by the whole people, the State Council is empowered to be on behalf of the State to administer the land owned by the State. No unit or individual is allowed to occupy, trade or illegally transfer land by other means. Land use right may be transferred by law. The State may requisition land owned by collectives according to law on public interests. The State introduces the system of compensated use of land owned by the State except the land has been allocated for use by the State according to law. Article 3 To cherish and give a rational use to the land as well as to give a true protection to the cultivated land are seen as a basic principle of land use in the country. The people's governments at all levels should manage to make an overall plan for the use of land to strictly administer, protect and develop land resources and stop any illegal occupation of land. Article 4 The State is to place a strict control on the usages of land. The State shall compile general plans to set usages of land including those of farm or construction use or unused. A strict control is to place on the turning of land for farm use to that for construction use to control the total amount of land for construction use and exercise a special protection on cultivated land. "Land for farm use" refers to land directly used for agricultural production, including cultivated land, wooded land, grassland, land for farmland water conservancy and water surfaces for breeding; "land for construction use" refers to land on which buildings and structures are put up, including land for urban and rural housing and public facilities, land for industrial and mining use, land for building communications and water conservancy facilities, land for tourism and land for building military installations. The term "land unused" refers to land other than that for agricultural and construction uses. Land should be used strictly in line with the purposes of land use defined in the general plan for the utilization of the land whether by units or individuals. Article 5 The land administrative department of the State Council shall be unifiedly responsible for the administration and supervision of land in the whole country. The setup and functions of land administrative departments of people's governments at and above the county level shall be decided by the people's governments of provinces, autonomous regions and municipalities under the direct jurisdiction of the central government (hereinafter referred to as "municipalities" for short) according to the relevant provisions of the State Council. Article 6 Units or individuals shall all be obliged to abide by the laws and regulations concerning land administration and have the right to report or prosecute acts of violating land administration law and regulations. Article 7 People's governments shall award units or individuals who have made outstanding achievements in protecting and developing land resources, rational utilization of land and in carrying out research in this regard. CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND Article 8 Land in urban districts shall be owned by the State. Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by peasants including land for building houses, land and hills allowed to be retained by peasants. Article 9 Land owned by the State and land collectively owned by peasants may be allocated to be used by units or individuals according to law. Units or individuals using land shall be responsible for the protection, management and a rational use of the land. Article 10 In lands collectively owned by peasants those have been allocated to villagers for collective ownership according to law shall be operated and managed by village collective economic organizations or villagers' committee and those have allocated to two or more peasants collective economic organizations of a village, shall be operated and managed jointly by the collective economic organizations of the village or villagers' groups; and those have allocated to township (town) peasant collectives shall be operated and managed by the rural collective economic organizations of the township (town). Article 11 People's government at the county level shall register and put on record lands collectively owned by peasants and issue certificates to certify the ownership concerned. People's government at the county level shall register and put on record the use of land collectively owned by peasants for non-agricultural construction and issue certificates to certify the right to use the land for construction purposes. People's government at the country level shall register and put on record uses of land owned by the State by units or individuals and issue certificates to certify the right of use. The State Council shall designate specific units to register and put on record State-owned land used by central government organs. Certifications of ownership or use right of wooded land and grassland and the uses or of water surface and beachland for breeding purpose shall be managed according to related provisions of the "Forest Law of the People's Republic of China", the "Grassland Law of the People's Republic of China" and the "Fisheries Law of the People's Republic of China". Article 12 Changes of owners and usages of land, should go through the land alteration registration procedures. Article 13 The ownership and use right of land registered according to law shall be protected by law and no unit or individual is eligible to infringe upon it. Article 14 Land collectively owned by peasant shall be contracted out to members of the collective economic organizations for use in crop farming, forestry, animal husbandry and fisheries production under a term of 30 years. The contractees should sign a contract with the correspondents contractor to define each other's rights and obligations. Peasants who have contracted land for operation are obliged to use the land rationally according to the purposes agreed upon in the contracts. The right of operation of land contracted by peasants shall be protected by law. Within the validity term of a contract, the adjustment of land contracted by individual contractors should get the consent from over two-thirds majority vote of the villagers' congress or over two-thirds of villagers' representatives and then be submitted to land administrative departments of the township (town) people's government and county level people's government for approval. Article 15 Land owned by the State may be contracted out to units or individuals for farming, forestry, animal husbandry and fisheries operations. Land collectively owned by peasants may be contracted out to units or individuals who are not belonging to the corresponding collectives for farming, forestry, animal husbandry and fisheries operations. The contractees and contractors should sign land use contracts to define each other's rights and obligations. The contraced term for operation is to be agreed upon in the land use contracts. Contractors for the land operation are obliged to protect and use the land rationally according to the usages specified in the contracts. Whereas a land collectively owned by peasant is contracted out for operation to ones not belonging to the corresponding collective organizations, a consent should be got from the over two-thirds majority vote of the villagers' congress or over two-thirds of the villagers' representatives with the resulted contract being submitted to the township (town) people's government for approval. Article 16 Disputes arising from the ownership or use right of land shall be settled through consultation among parties concerned; should consultation fails, the disputes should be handled by people's governments. Disputes among units shall be handled by the people's government at and above the county level; disputes among individuals or between individuals and units shall be handled by township level people's government or people's governments at the county level or above. Whereas parties concerned refuse to accept the decisions by related people's government the dispute may be brought before the people's court within 30 days after the notification on the decision is received. No party shall change the status quo of the land before the disputes over ownership and use right are settled. CHAPTER THREE GENERAL PLANS FOR THE UTILIZATION OF LAND Article 17 People's governments at all levels shall manage to compile general plans for land uses in accordance with the national economic and social development program, requirements of national land consolidation and resources and environmental protection, land supply capacity and the requirements of various construction projects. The validity term of the general plans for land use shall be determined by the State Council. Article 18 General plans for land use at a lower level shall be compiled according to the general plans for the utilization of land at the next higher level. The total amount of land for construction uses in the general plans of land use compiled by local people's governments at all levels shall not exceed the controlled targets set in the general plans for land use at the next higher level and the total amount of cultivated land should not be lower than the controlled targets set in the general plans for land use at the next higher level. In mapping out the general plans for land use, the provinces, autonomous regions and municipalities shall ensure than the total amount of cultivated land under their jurisdiction shall not be reduced. Article 19 General plans for land use should be mapped out according to the following principles: 1. Strictly protect the basic farmland and control the occupation of agricultural land for nonagricultural purposes. 2. Raise the utilization rate of land. 3. Make an overall plan and arrangements about the use of land in various kinds and various areas. 4. Protect and improve the ecological environment to ensure a sustainable use of land. 5. Keep a balance between cultivated land occupied and cultivated land developed and reclaimed. Article 20 General plans for land use at the county level should define the areas and purposes of land use. General plans for the land use at the township (town) level should define the areas for the utilization of land and define the purpose of each tract of land according to the actual conditions for the use of land and make an announcement. Article 21 General plans for land use shall be examined and approved level by level. General plans for land use of provinces, autonomous regions and municipalities shall be approved by the State Council. General plans for land of cities where the people's governments of province and autonomous regions and municipalities are seated and cities with a population of over one million and cities designated by the State Council shall be examined by the People's governments of related provinces and autonomous regions and municipalities and submit them to the State Council for approval. General plans for land use other than those provided for in the second and third paragraphs of this article shall be submitted for approval step by step to the people's governments of provinces, autonomous regions and municipalities. General plans for land uses of townships (towns) may be approved by the people's governments of cities or autonomous prefectures authorized by the provincial level people's governments. Once approved, the general plans for the land use shall be implemented strictly. Article 22 The amount of land used for urban construction shall conform to the standards prescribed by the State so as to make full use of the existing land for construction purposes, not to occupy or occupy as less agricultural land as possible. Urban general planning and the planning of villages and market towns should be in line with the general plans for land use. The amount of land for construction use in the urban general planning and the planning of villages and market towns shall not exceed the amount of land used for construction purposes in cities, villages and market towns fixed in the general plans for the utilization of land. The land for construction purposes in cities, villages and market towns within the planned areas of cities, villages and market towns shall conform to the city planning and the planning of villages and market towns. Article 23 The plans for the comprehensive control, development and utilization of rivers and lakes should be in accordance with the general plans for land use. Land uses within the areas of management and protection of rivers, lakes and reservoirs and flood storage and detention areas should be in line with plans for the comprehensive control, development and utilization of rivers and lakes and to the requirements of river channels, flood flows of rivers and lakes, flood storage and water transmission. Article 24 People's governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate land for construction purposes. The annual plan for the land use shall be compiled in line with the national economic and social development program, the State industrial policies, general plans for land and the actual situation about the land for construction uses and the land utilization. The examination and approval procedures for the compilation of annual land use plans shall be the same as that for the general plans for land use. Once approved, they shall be implemented strictly. Article 25 The people's governments of provinces, autonomous regions and municipalities shall report the implementations of their annual plans for the use of land to the people's congresses at the same level as part of the implementation of their economic and social development plans. Article 26 Revision of the general plans for land use shall be approved by the original organ of approval. Without approval, the usages of land defined in the general plans for the utilization of land shall not be changed. Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by the State Council, it shall be changed according to the document of approval issued by the State Council. If the purpose of land defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by provinces, autonomous regions and municipalities, it shall be changed according to the document of approval issued by the provincial level people's governments if it falls into their terms of reference. Article 27 The State fosters land survey system. The land administrative departments of the people's governments at and above the county level shall carry out land surveys together with related departments at the same level. Land owners or users should provide good cooperation and necessary data and materials required. Article 28 Land administrative departments of the people's government at and above the county level shall, together with related departments at the same level, grade the land according to the results of the surveys, their planned uses and the unified standards formulated by the State. Article 29 The State establishes the land statistical system. Land administrative departments of the people's governments at and above the county level shall, together with the statistical departments at the same level shall, formulate plans for statistical surveys and compile statistics about land according to law and regularly issue statistical data about the land. Land owners and users shall provide related materials and it is strictly forbidden to provide false and concealed materials or refuse to provide or delay the delivery of materials. The statistical materials about the land areas issued by land administrative departments and statistical departments serve as the basis for people's governments at all levels in compiling the general plans for the utilization of land. Article 30 The State shall establish the national land management information system to conduct dynamic monitoring of the utilization of land. CHAPTER FOUR PROTECTION OF CULTIVATED LAND Article 31 The State protects the cultivated land and strictly controls the conversion of cultivated land into non-cultivated land. The State fosters the system of compensations to cultivated land to be occupied. In the case of occupying cultivated land for non-agricultural construction, the units occupying the cultivated land should be responsible for reclaiming the same amount of land in the same quality as that occupied according to the principle of "reclaiming the same amount of land occupied. Whereas units which occupy the cultivated land are not available with conditions of reclaimation of land or the land reclaimed is not up to requirements, the units concerned should pay land reclamation fees prescribed by provinces, autonomous regions and municipalities for reclaiming land for cultivation the land reclaimed. The people's governments of all provinces, autonomous regions and municipalities shall formulate plans for reclamation of cultivated land, see to it that units which occupy cultivated land shall reclaim land as planned or organize the land reclamation according to plan and examine and accept the land reclaimed. Article 32 The local people's governments at and above the county level may demand units which occupy cultivated land to use the topsoil of the land occupied for use in the newly reclaimed land, poor land or other cultivated land for soil amelioration. Article 33 People's governments of all provinces, autonomous regions and municipalities shall strictly implement the general plans for the utilization of land and annual plan for the use of land, adopt measures to ensure not to reduce the total amount of cultivated land within their jurisdictions. Whereas reductions occur, the State Council shall order it to organize land reclamation within the prescribed time limit to make up for the reduced land in the same quantity and quality and the land administrative department of the State Council shall, together with agricultural administrative department, examine and accept it. Whereas individual provinces and municipalities find it difficult to reclaim enough land to make up for the land occupied due to scarce reserve resources, the total amount of land due to be reclaimed in their own regions may be reduced with the approval of the State Council but the rest of land for reclamation shall be made up for elsewhere. Article 34 The State fosters the system of protecting the basic farmland. The following cultivated land shall be demarcated as basic farmland protection areas and subject to stringent control according to the general plans for the utilization of land: 1. Cultivated land in the grain, cotton and oil-bearing crops production bases approved by the land administrative department of the State Council or the local people's governments at and above the county level; 2. Cultivated land with good water conservancy and water and soil conservation facilities and medium-and low-yielding land where the execution of amelioration plan is in progress or medium-and low-yielding land that is transformable. 3. Vegetable production bases; 4. Experimental plots for research and teaching; 5. Other cultivated land that should be designated as basic farmland protection areas as provided for by the State Council. Areas of basic farmland demarcated by various provinces, autonomous regions and municipalities should make up over 80% of the cultivated land within their administrative areas. Basic farmland protection areas shall be demarcated with township (town) as the unit and the protection of which shall be carried out by the land administrative departments of the county level people's governments together with agricultural administrative departments of the same level. Article 35 People's governments at all levels shall adopt measures to maintain and protect irrigation and drainage facilities, ameliorate the soil to raise fertility and prevent desertification, salinization, water loss and soil erosion and pollution. Article 36 Land shall be used sparingly for non-agricultural construction purposes. Whereas wasteland can be used, no cultivated land should be occupied; whereas poor land can be used, no good land should be occupied. It is forbidden to build kilns, graves or houses on cultivated land or to dig sand, collect stones, do mining and carry soil away from cultivated land. It is forbidden to occupy basic farmland to develop horticulture or dig ponds to breed fish. Article 37 No unit or individual is allowed to let the land to lie idle or go wasted. Whereas a cultivated land which has been occupied for non- agricultural construction upon approval and can sure start construction within one year is found cultivable and yieldable, it should be cultivated by the unit or individual that originally cultivates the land or cultivated by units occupying the land. Whereas construction work fails to start for over one year, land idling fees shall be paid according to the provisions by various provinces, autonomous region and municipalities. Whereas construction work fails to start for two successive years, the people's governments at and above the county level shall revoke the use right of the land with the approval of the original organ of approval. Whereas the land used to be owned by peasant collectives, it should be turned over to original rural collective economic organizations for recultivation. Idle land that is lying within the urban plan areas and whose use right has been leased for real estate development shall be handled according to the "Urban Property Administration Law of the People's Republic of China". Whereas a unit or individual that has contracted for land operation has given up cultivation and allowed the land to go wasted for two successive years, the original constracting-out party shall terminate the contract and recover the land contracted out for cultivation. Article 38 The State encourages development of unused land by units or individuals according to the general plans for the utilization of land and under the precondition of protecting and improving the ecological environment, preventing water loss, soil erosion and desertification. Land suitable for agricultural use should have the priority of developing into land for agricultural use. The State protects the legitimate rights and interests of developers. Article 39 Reclaiming unused land shall go through scientific argumentation and evaluation and can proceed according to law after approval within the reclaimable areas demarcated in the general plans for the utilization of land. It is forbidden to destroy forests and grassland in the process of land reclamation. It is forbidden to carry out landfill of lakes and occupy beachland of rivers. Whereas reclaimation of a land or rounding up of a land for reclaimation would give harm to ecological environment the land concerned should be restored as forerts, pasture fields or lakes step by step and in a planned manner according to the general plans for the utilization of land. Article 40 For developing waste hills, land or beachland whose use rights have not been ascertained for crop cultivation, forestry, animal husbandry or fisheries, the use rights may be given to developers or individuals for long-term use with the approval of the people's government at and above the county level according to law. Article 41 The State encourages land consolidation. People's governments of counties and townships (towns) shall organize rural collective economic organizations to carry out comprehensive consolidation of fields, water surface, roads, woods and villages according to the general plans for the utilization of land to raise the quality of cultivated land and increase areas for effective cultivation and improve the agricultural production conditions and ecological environment. Local people's governments at all levels shall adopt measures to ameliorate medium-and low-yielding land and consolidate idle and scattered and abandoned land. Article 42 Whereas land is damaged due to digging, cave-in and occupation, the units or individuals occupying the land should be responsible for reclamation according to the relevant provisions of the State; for lack of ability of reclamation or for failure to meet the required reclamation, land reclamation fees shall be paid, for use in land reclamation. Land reclaimed shall be first used for agricultural purposes. CHAPTER FIVE LAND FOR CONSTRUCTION PURPOSES Article 43 Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according to law, except land owned by peasant collectives used by collective economic organizations for building township enterprises or building houses for villagers or land owned by peasant collectives approved according to law for use in building public facilities or public welfare facilities of townships (towns). The term "apply for the use of land owned by the State according to law" used in the preceding paragraph refers to land owned by the State and also land originally owned by peasant collectives but having been requistitioned by the State. Article 44 Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures in this regard shall be required. For projects of roads, pipelines and large infrastructure approved by the people's governments of provinces, autonomous regions and municipalities, land for construction has to be approved by the State Council whereas conversion of agricultural land is involved. Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved by the people's governments of cities or counties. Land to be occupied for construction purposes other than those provided for in the second and third paragraphs of this article shall be approved by the people's governments of provinces, autonomous region and municipalities whereas conversion of agricultural land into construction land is involved. Article 45 The requisition of the following land shall be approved by the State Council: 1. Basic farmland; 2. Land exceeding 35 hectares outside the basic farmland; 3. Other land exceeding 70 hectares. Requisition of land other than prescribed in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities and submitted to the State Council for the record. Requisition of agricultural land should first of all go through the examination and approval procedure for converting agricultural land into land for construction purposes according to the provisions of Article 44 of this law. Whereas conversion of land is approved by the State Council, the land requisition examination and approval procedures should be completed concurrently with the procedures for converting agricultural land to construction uses and no separate procedures are required. Whereas the conversion of land is approved by people's governments of provinces, autonomous regions and municipalities within their terms of reference, land requisition examination and approval procedures should be completed at the same time and no separate procedures are required. Whereas the terms of reference has been exceeded, separate land requisition examination and approval procedures should be completed according to the provisions of the first paragraph of this article. Article 46 For requisition of land by the State the local people's governments at and above the county level shall make an announcement and organize the implementation after the approval according to the legal procedures. Owners or users of the land requisitioned should, within the time limit specified in the announcement, go through the compensation registration for requisitioned land with the land administrative departments of the local people's governments on the strength of the land certificate. Article 47 In requisitioning land, compensation should be made according to the original purposes of the land requisitioned. Compensation fees for land requisitioned include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land requisitioned by the per capital land occupied of the unit whose land is requisitioned. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the requisition of the cultivated land. But the maximum resettlement fee per hectare of land requisitioned shall not exceed 15 times of the average annual output value of the three years prior to the requisition. The standards for land compensation and resettlement fees for land requisitioned shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land requisitioned. The standards for compensating for ground attachments and green crops on the land requisitioned shall be determined by various provinces, autonomous regions and municipalities. In requisitioning vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund. Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the requisition. In special circumstances, the State Council may raise the standards for land compensation and resettlement fees for land requisitioned according to the social and economic development level. Article 48 After the plan for land compensation and resettlement fees is finalized, related local people's governments shall make an announcement and hear the opinions of the rural collective economic organizations and peasants whose land has been requisitioned. Article 49 Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land requisitioned and accept their supervision. It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50 Local people's governments at all levels shall support rural collective economic organizations and peasants in their efforts toward development and operations or in starting up enterprises. Article 51 The standards for land compensation and method of resettlement for land requisitioned for building large and medium-sized water conservancy projects and hydroelectric power projects shall be determined separately by the State Council. Article 52 In the process of the feasibility study for construction projects, land administrative departments may examine the related matters concerning the land for construction purposes and put forward their proposals according to the general plans for the utilization of land, the annual plan for the use of land and standards for land used for construction purposes. Article 53 Whereas a construction project approved needs land owned by the State for construction purposes, the construction unit should file an application with land administrative department of the people's government at and above the county level with the power of approval on the strength of related documents required by law and administrative decrees. The land administrative department shall examine the application and submit it to the people's government at the same level for approval. Article 54 A paid leasing should be go through in use of land owned by the State by a construction unit. But the following land may be obtained through government allocation with the approval of the people's governments at and above the county level according to law: 1. Land for use by government organs and for military use; 2. Land for building urban infrastructure and for public welfare undertakings; 3. Land for building energy, communications and water conservancy and other infrastructure projects supported by the State. 4. Other land as provided for by the law and administrative decrees. Article 55 Construction units that have obtained State-owned land by paid leasing can use the land only after paying the land use right leasing fees and other fees and expenses according to the standards and ways prescribed by the State Council. Starting from the date when this law comes into effect, 30% of the land compensation fees for new construction land shall be handed over to the central finance, with the rest 70% to be retained by related local people's governments, for the development of land for cultivation. Article 56 In using State-owned land, construction units should use the land according to the provisions of the contract for compensated use of leased land use right or according to the provisions of the documents of approval concerning the allocation of land use right. The change of the land to construction purposes should get the consent from the land administrative departments of the related people's governments and be submitted to the people's governments that originally give the approval for the use of land. In changing the purpose of land within the urban planned areas, the consent should be obtained form the related urban planning administrative departments before submission for approval. Article 57 In the case of temporary using State-owned land or land owned by peasant collectives by construction projects or geological survey teams, approval should be obtained from the land administrative departments of local people's governments at and above the county level. Whereas the land to be temporarily used is within the urban planned areas, the consent of the urban planning departments should be obtained before being submitted for approval. Land users should sign contracts for temporary use of land with related land administrative departments or rural collective organizations or villagers committees depending on the ownership of the land and pay land compensation fees for the temporary use of the land according to the standard specified in the contracts. Users who use the land temporarily should use the land according to the purposes agreed upon in the contract for the temporary use of land and should not build permanent structures. The term for the temporary use of land shall not usually exceed two years. Article 58 In one of the following cases, the land administrative departments of related people's governments shall recover the land use right of State-owned land with the approval of the people's governments that originally gives the approval or the people's governments with the power of approval: 1. Use land for the sake of public interests; 2. Use land for adjustment in re-building old city districts in order to implement urban construction plans; 3. When the term for the land use right expires according to what is agreed upon in the contract for compensated use of land, the land user has failed to apply for extension or failed to get approval for extension; 4. The use of land originally allocated has been stopped due to cancellation or removal of units; 5. Roads, railways, airports and mining sites that have been approved to be abandoned. Proper compensation should be given to land use right users whereas the use right of State-owned land is recovered according to the provisions of 1 and 2 of the preceding paragraph. Article 59 Construction of township enterprises, public facilities and public welfare undertakings of townships (towns) and rural villagers' houses should be rationally laid out according to the village or market town plans according to a comprehensive development plan, with good supporting facilities. Land used for construction purposes shall conform to the general plans for the utilization of land of townships (towns) and their annual plan for the use of land and the examination and approval procedures should be completed according to the provisions of Article 44, Article 60, Article 61 and Article 62 of this law. Article 60 In using the land for construction purposes defined in the general plan for the utilization of land of townships (towns) to start up enterprises or joint ventures together with other units or individuals by way of using land use right as shares, the rural collective economic organization shall file an application with land administrative departments of the local people's governments at and above the county level on the strength of documents of approval. The applications shall be approved by the local people's governments at and above the country according to the terms of reference provided for by various provinces, autonomous regions and municipalities whereas the use of land involving the occupation of agricultural land, the examination and approval procedures provided for in Article 44 of this law shall be followed. Land for construction purposes in starting enterprises provided for in the preceding paragraph shall be put under strict control. Provinces, autonomous regions and municipalities shall determine the standards for land use according to different trades and scale of operation of township enterprises. Article 61 In using land for building public facilities and public welfare facilities, townships (towns) shall file an application with land administrative departments of local people's governments at and above the county level after being examined by the township (town) people's governments at and the application shall be approved by the local people's governments at and above the county level according to the term of reference provided for by provinces, autonomous regions and municipalities. Where occupation of agricultural land is involved, the examination and approval procedures provided for in Article 44 of this law are required. Article 62 One rural household can own one piece of land for building house, with the area not exceeding the standards provided for by provinces, autonomous regions and municipalities. Construction of rural houses should conform to the general plans for the utilization of land of townships (towns) and the original land occupied by houses and open spaces of villages should be used as much as possible for building houses. The use of land for building houses should be examined by the township (town) people's governments and approved by the county people's governments. Whereas occupation of agricultural land is involved the examination and approval procedure provided for in Article 44 of this law is required. The application for housing land after selling or leasing houses shall not be approved. Article 63 The land use right of peasant collectives shall not be leased, transferred or rented for non-agricultural construction, except in the case of legal transfer of the land that conforms to the general plan for the utilization of land and legally obtained by enterprises due to bankruptcy or acquisition. Article 64 Buildings or structures put up before the general plan for the utilization of land and unconformable to the general plans are not allowed to be rebuilt or expanded. Article 65 In one of the following cases, the rural collective economic organizations may recover the land use right with the approval of the people's government that gives the approval for the use of land: 1. Land needed for building public facilities and public welfare undertakings of townships (towns) and villages; 2. Land not used according to the purposes approved; 3. Land not used any more due to cancellation or removal of the original units. Proper compensation shall be given to land users in the case of recovering the land owned by peasant collectives provided for in item 1 of the preceding paragraph. CHAPTER SIX SUPERVISION AND EXAMINATION Article 66 Land administrative departments of the people's governments at and above the county level shall exercise supervision and examination on violations to the land administrative law and administrative decrees. Supervising personnel in such a regard should be well acknowledged with the land administrative law and decrees, loyal to their duties and justice in enforcement of the law. Article 67 In performing their supervising and examination duties, the land administrative departments of the people's governments at and above the county level have the right to adopt the following measures: 1. Demand for documents and materials concerning land-use rights from units or individuals for examination, review or copying. 2. Demand explanations from units or individuals concerned in regard to land-use rights; 3. Enter into land illegally occupied by units or individuals under examination to carry out on-the-spot surveys, and 4. Command units or individuals that have occupied land illegally to stop their acts of violating the land administrative law and decrees. Article 68 In performing their duties, whereas there is the need to carry out on-the-spot survey or demand units or individuals concerned to present documents and materials or explanations, supervising personnel should present certificates of land supervision and examination. Article 69 Units or individuals concerned should provide active support and cooperation to land administrative departments of the people's governments at and above the county level in their supervision and examination of violations to land administration and provide all the conveniences to facilitate but not in any way refuse or obstruct their work in such a regard. Article 70 Whereas land administrative departments of the people's governments at and above the county level have found government functionaries to have committed violations during their supervision and examination, they shall give them administrative punishments whereas the punishments are due. Whereas they do not have the right to handle the cases, they should put forward proposals for administrative punishments to the administrative supervision organs at the same level or at a higher level. The related administrative supervision departments shall mete out punishments according to law. Article 71 Whereas the land administrative developments of the people's governments at and above the county level have found violations to have constitute a crime in their supervision and examination, they shall hand over the case to related government organs to affix criminal responsibilities. Whereas the case cannot constitute a crime, administrative punishments shall be meted out. Article 72 Whereas related land administrative departments have failed to give administrative punishments due, the land administrative departments of the people's governments at a higher level have the right to command the land administrative departments to take punishment decisions or give administrative punishments directly and give administrative punishments to the person responsible of the related land administrative departments. CHAPTER SEVEN LEGAL RESPONSIBILITIES Article 73 For illegal transfer of land through trade or other forms, land administrative departments of the people's governments at and above the county level shall confiscate the proceeds from the transfer. For converting agricultural land into land for construction uses in violations to the provisions of the general plans for the utilization of land, an order shall be given to dismantle the new buildings or other facilities illegally built on the land illegally transferred for restoration of the land to the original state, and whereas in such cases no violation to the general plan for the utilization of land, the new building and other facilities on the land illegally transferred shall be confiscated and a fine may be imposed. Administrative punishments shall be given to persons in charge and persons directly responsible and whereas the case constitutes a crime, criminal responsibilities shall be affixed. Article 74 Occupying cultivated land to build kilns or graves or build houses, dig sand, collect stones, do mining or collect soil from the cultivated land without authorization, thus damaging the conditions for growing crops or causing desertification and salinization due to land development in violation of this law, the land administrative departments of the people's governments at and above the county level shall order correction or improvetment within a prescribed time limit and concurrently impose a fine. Whereas the case constitute a crime, criminal responsibility shall be affixed. Article 75 Refusing to perform land reclamation obligations in violation of this law, the land administrative departments of the people's governments at and above the county level shall order correction within a prescribed time limit. Whereas no correction is made within the time limit, a payment of land reclamation fees specially used for land reclamation by the violator shall be ordered and a fine may be imposed concurrently. Article 76 Occupying land without approval or by deception, the land administrative departments of the people's governments at and above the county level shall order to return the land illegally occupied; turning to agricultural land into land for construction uses without authorization in violation of the general plans for the utilization of land, dismantling of the new buildings and other stuctures on the land illegally occupied within a prescribed time limit shall be ordered and whereas the act has not violated the general plans for the utilization of land, the new buildings and structure concerned shall be confiscated and a fine may be imposed concurrently. Persons in charge of the unit that occupies land illegally and the people directly responsible shall be given administrative punishments and whereas the case constitutes a crime, criminal responsibility shall be affixed. For an occupation of land in excess of the approved amount, part in excess shall be regarded as land illegally occupied. Article 77 Occupying land by rural villagers for building houses without approval or by deception shall be ordered a return of the land illegally occupied and dismantle the new houses built on the land illegally occupied by land administrative departments of the people's governments at and above the county level. For occupation of land in excess of the standards prescribed by the provinces, autonomous regions and municipalities, the land in excess of the standards shall be regarded as having been illegally occupied. Article 78 Approving the occupation of land without the power of approval, beyond the term of reference, or not according to the purposes defined in the general plans for the utilization of land or approving the occupation or requisitioning of land in violation of the legal procedures, the documents of approval shall be invalid and the persons in charge and personnel directly responsible for illegal requisition or use of land shall be given administrative punishments. Whereas the case constitutes a crime, criminal responsibilities shall be affixed. The land illegally approved and used shall be recovered. Whereas parties concerned refuse to return, the case shall be regarded as illegal occupation of land. Whereas illegal requisition and use of land have caused damages to parties concerned, the party responsible shall bear the responsibilities of compensation according to law. Article 79 Embezzling or diverting the use of land compensation fees and other related expenses of the units whose land is requisitioned, criminal responsibilities shall be affixed whereas the case constitutes the crime and administrative punishments shall be meted out whereas the case is not serious enough to constitute a crime. Article 80 A refusal to return of land use right upon a legal recovering of the land or an expiration of temporary land use term or State-owned land is used not according to the purposes approved, the land administrative departments of the people's governments at and above the county level shall order the return of the land and impose a fine. Article 81 Leasing, transferring or renting the use right of land owned by peasant collectives for non-agricultural construction uses, the land administrative departments of the people's governments at and above the county level shall order correction within a prescribed time limit, confiscate the proceeds concerned and impose a fine. Article 82 Refusing to go through the land alteration registration according to the provisions of this law, the land administrative departments of the people's governments at and above the county level shall order the parties concerned to go through the procedure within a prescribed time limit. Article 83 Whereas orders have been issued to dismantle the new buildings and other facilities on the land illegally occupied within a prescribed time limit according to the provisions of this law, the construction unit or individual shall stop operation immediately and dismantle them by themselves. Whereas the operation continues, the organ which decided for the punishment decisions has the right to stop it. Whereas a construction unit or individual refuse to accept the administrative punishment decisions on dismantling the buildings and other facilities, it may bring the case before the people's court within 15 days starting from the day when the decision is received. Whereas a unit or individual fails to put the case in proceeding when the time limit expires and yet refuses to do the dismantling, the organ making the punishment decision shall apply for compulsory exercise with the people's court and the cost arising therefrom shall be borne by the law violator. Article 84 Dereliction of duty, abuse of power for personal gains and practise favouritism by personnel of the land administrative departments shall be affixed of criminal punishments according to criminal law whereas the case is serious enough to constitute a crime or imposed of administrative punishments whereas the case is not serious enough to constitute a crime. CHAPTER EIGHT SUPPLEMENTARY PROVISIONS Article 85 This law applies to the use of land by Sino-foreign joint equity and cooperative ventures, and wholly foreign-owned enterprises. Whereas there are separate provisions by law, those provisions shall prevail. Article 86 The law shall come into force starting from January 1, 1999. Appendix: Related articles in the Criminal Law: Article 228 Illegal transfer or trade of land use right for personal gains in violation of the land administrative law and regulations shall be sentenced to a prison term of less than three years or to forced labor, with a concurrent fine amounting to more than 5% and less than 20% of the proceeds from the illegal transfer or trading whereas the case is serious enough, and whereas the case is very serious, it shall be sentenced to a prison term ranging from more than three years to less than seven years, with a fine ranging from more than 5% to less than 20% of the proceeds from the illegal transfer or trading of the land use right. Article 342 Illegal turning of cultivated land occupied into other uses in a big amount to cause damages to large tracts of cultivated land in violation of the land administrative law and regulations, a punishment of from less than five years' in prison or forced labor shall be given, together with a fine concurrently or separately. Article 410 Whereas government functionaries are found to have committed deception or forgery for personal gains in violation of the land administrative law and regulations or have abused their power to illegally approve the requisition of land or under-sell the use right of State-owned land and the cases are serious, a punishment of less than three years in prison or forced labor shall be given; whereas the cases have caused very big losses to the State or collectives, a prison term ranging from more than three years to less than seven years shall be meted out.

Implementation Details For The Beijing No. 1 IPC's Responsibility System For Illegally Adjudicated Cases (Experimental) (Chinese Text)

The following text was retrieved from the Beijing No. 1 Intermediate People's Court <a href="https://www.bj148.org/firstcourt/gono1/system/content/bjm.htm">Web site</a> on December 7.

Liaoning Provincial Circular on Improving Conditions For Farmers Entering Cities to Work (Chinese Text)

The following text was retrieved from the Liaoning provincial government <a href="https://www.ln.gov.cn/communique/govfiles/office/38_38333.htm">Web site</a> on January 12, 2006.

State Council Circular on Improving Conditions For Farmers Entering Cities to Work (Chinese Text)

The following text was retrieved from the Law-Lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=88420">Web site</a> on January 12, 2006.

Organic Law on Urban Residents Committees (Chinese Text)

The following text was retrieved from the Law-Lib.com <a href="https://www.law-lib.com/law/law_view.asp?id=564">Web site</a> on December 1, 2005.